The arrival of a baby should be a time of excitement for a family. When something goes wrong during medical treatment shortly after birth, however, the consequences can be devastating.
We recently acted for a family in a medical negligence claim after their newborn baby suffered a serious injury while receiving treatment in hospital.
What Happened to the Baby?
The baby was born prematurely at just over 36 weeks and experienced a number of health complications shortly after birth. She developed jaundice, bruising and other medical concerns that required specialist neonatal care.
She was transferred to a neonatal intensive care unit for further treatment and monitoring. As part of her treatment, an intravenous line was inserted into her foot so that medication and other treatment could be administered.
When she was just one day old, the baby was given a calcium chloride infusion through the intravenous line.
During the infusion, the calcium chloride leaked from the intravenous line into the surrounding tissue. This is known as extravasation. Some medications can cause significant tissue damage if they escape from a vein, and in this case the baby suffered a severe chemical injury to the skin and tissue around her foot and ankle.
The injury caused an area of skin and tissue to become necrotic, meaning that the affected tissue died. Rather than healing like an ordinary wound, the damaged area had to heal gradually over time and ultimately left the child with significant scarring around her ankle.
For her parents, watching their newborn daughter suffer such an injury and then witnessing the treatment and healing process was extremely distressing. The circumstances therefore gave rise to a claim on behalf of the child as well as claims relating to the psychological injuries suffered by her parents.
Could the Injury Have Been Avoided?
A central question in the case was whether the baby’s injury could have been prevented.
Independent medical experts were engaged to investigate the treatment she received. The evidence obtained on behalf of the family raised concerns about whether calcium chloride should have been administered in the circumstances, whether it should have been given through a peripheral intravenous line in the baby’s foot and whether appropriate treatment was provided after the medication leaked into the surrounding tissue.
Proceedings were ultimately commenced in the District Court of NSW seeking compensation for the injuries suffered by the child and her parents.
Reaching a Resolution
The claims were ultimately resolved without the family having to proceed through a fully contested hearing.
Because the primary claim involved a young child, any proposed settlement required the approval of the Court. This is an important safeguard designed to ensure that a settlement involving a child is in their best interests.
Following further negotiations and consideration of the medical evidence, the child’s settlement was ultimately approved by the Court. The parents’ claims were also resolved.
The resolution provided the family with compensation while avoiding the additional uncertainty, delay and costs associated with continuing the litigation.
Medical Negligence Claims Involving Babies and Children
Medical negligence claims involving babies and young children can be particularly complex.
When a child is very young, it may not yet be possible to know the full impact an injury will have as they grow. Scarring, physical limitations, future treatment requirements and psychological effects may only become clearer with time.
For this reason, expert medical evidence can be particularly important when determining the nature and extent of a child’s injuries and what their future needs may be.
There are also additional legal protections when compensation is recovered on behalf of a child. A settlement generally requires Court approval to ensure that it is appropriate and in the child’s interests.
Has Your Child Been Injured During Medical Treatment?
When a baby or child suffers an unexpected injury during medical treatment, parents are often left with unanswered questions about what happened and whether it could have been prevented.
An unexpected complication does not necessarily mean there has been medical negligence. However, where there are concerns about the treatment provided, an experienced medical negligence lawyer can obtain the relevant medical records, seek independent expert evidence and investigate whether the care fell below the appropriate standard.
At The Law Office of Conrad Curry, we act for individuals and families affected by medical negligence throughout New South Wales.
If you believe your child has suffered an injury because of medical treatment, our medical negligence team can investigate what happened and advise you about your legal options.
Time limits apply to medical negligence claims, so it is important to obtain legal advice as early as possible.
