Our client suffered unimaginable loss following her 12-hour labour, delivering her first child by emergence caesarean.Â
A few hours after our clients baby was born, it was brought to the mother for breast feeding but after struggling to latch, the baby was taken away by hospital staff.Â
Several hours later, another attempt was made but this was also unsuccessful. The mother was advised by nursing staff that she should simply enjoy time with her baby. Unfortunately, the mother was left with her baby unsupervised, and was extremely weak due to heavy sedation.Â
When the mother woke up from a sleep, she noticed that her baby was limp and was not moving. She advised the nurse that something was wrong but the nurse failed to take any action. It was not until a third nurse came in that it was confirmed that the baby was not breathing. Attempts were made to resuscitate the baby, but all the attempts were unsuccessful.
The parents of the deceased child contacted Gerard Malouf & Partners for legal support.
A solicitor specialising in medical negligence with over 30 years’ experience, quickly put a case together for the aggrieved parents.
He briefed an expert obstetrician and gynaecologist who confirmed that the hospital had acted negligently in their care and treatment of the mother and her child, and that this negligence had resulted in the death of the child. Both parents were assessed by an expert clinical psychologist who diagnosed them with Post-Traumatic Stress Disorder, as well as major depressive disorder.
Along with an expert barrister, our team negotiated both parents’ claims and settled them at mediation for a total of $485,000.This sum of money will be used to assist both parents with the future psychological treatment and therapy required in their recovery journey.Â
GMP Law has a large team that practices exclusively in medical negligence and personal injury cases. We understand how to maximise compensation and have the skills and experience to achieve that.Â
If you, a family member or a friend have been a victim of medical malpractice, contact the compassionate team at Gerard Malouf & Partners on 1800 004 878 to speak to one of our experienced medical negligence lawyers. Â
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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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