An expectant mother was left deeply distressed and suffered from mental health issues after losing her baby son in utero at nearly 40 weeks gestation due to a missed diagnosis of our client’s pre-eclampsia. Â
Our client came under the care of her local hospital and had all her ante-natal care at this facility from 20 weeks gestation. Towards the end of her pregnancy, our client presented to the Hospital’s ante-natal clinic with symptoms of swelling of her feet and legs, raised blood pressure and a week-long history of severe headaches. Our client also contacted the Hospital’s birthing unit prior to her due date with similar complaints but was advised to take Panadol and stay at home to rest.
After multiple complaints to the Hospital and no improvement in our client’s symptoms, our client eventually attended the Hospital for the investigation of her symptoms, as she became very concerned about her baby and the possibility of foetal death. The Hospital discharged our client and told her that everything was going to be okay. Unfortunately, our client subsequently noticed that her baby was not moving. She presented back to the Hospital and was advised that her unborn baby had died.Â
Our client consulted with one of our experienced medical negligence lawyers, Julie Baqleh, Partner. Following preliminary investigations, we found that the Hospital failed to perform a urine test, CTG monitoring and/or ultrasound on our client. Our client was not referred to undergo serial blood pressure recordings, detection and quantitation of any proteinuria, serial blood tests and/or referred to a Pregnancy Day Assessment. The Hospital’s failure to refer our client to a foetal medicine specialist and/or run the above tests meant that the intrauterine foetal growth restriction was neither recognised nor managed appropriately.
The Hospital breached its duty of care to our client. Had the intrauterine foetal growth restriction been recognised and monitored using the above investigatory methods, then it was reasonably likely that our client’s baby would have survived.
Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.
While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations — and harm others in the process. As a result, malpractice is often called “professional negligence”. If a licensed professional (such as a doctor, lawyer, or accountant) fails to provide the accepted standard of care and subsequently causes harm to the plaintiff, this form of negligence may be known as malpractice.
Medical malpractice is specifically used in reference to medical workers who have committed acts of negligence.
Demonstrating that a doctor fell short of their duty of care can be a challenging process. While most doctors try their best to correctly diagnose conditions and provide timely medical treatment, they can’t always be right. In every state, protections are in place to shield practitioners from some litigation. These give practitioners peace of mind on the job and protect hospitals that are doing their best with limited resources. However, these laws also set the bar for receiving compensation incredibly high.
Overall, to win a favorable judgment, you must be able to prove Duty, Breach, and Damages.
If you have been injured or an existing condition has got worse following a medical procedure, or even just a visit to the doctor, then you may have been the victim of medical negligence and you may be eligible to make medical negligence claims against the professional who caused your injury.
If you can first show that you have suffered harm, and secondly, that a medical professional failed in their duty of care towards you then you may be entitled to compensation.
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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