Hammond v Blackstock [2023] NSWDC 51
In light of the rise in birth trauma claims in Australia, we were interested to read the recent UK decision in CNZ v Royal Bath Hospitals NHS Foundation Trust & Anor [2023] EWHC 19 (KB).
Background
The case involved the birth of twins in 1996. The first of the twins was delivered healthy. The second however suffered a hypoxic ischaemic injury to the brain in the late stages of the birth. The mother had requested a caesarean section but her requests were refused. Six and half critical minutes passed before medical staff finally decided to perform a caesarean section. Tragically, by the time twin two was born, the brain damage caused by the prolonged hypoxia (oxygen deprivation) was such that the child was rendered a quadriplegic with cerebral palsy.
The decision
The judge found that the medical staff who delivered the child failed to discuss reasonable treatment options with the parents which included caesarean section, failed to fully inform the parents of the risks and benefits of the reasonable treatment options, and failed to allow the parents to make an informed choice, act on the informed choice, and act urgently. The judge accepted the expert medical evidence obtained by the mother’s lawyers that it is likely that the six-and-a-half-minute delay in delivering the second twin was a material contributing cause to the child’s injuries.
The judge awarded significant compensation to the disabled child for treatment expenses, care and assistance, loss of income which the child would otherwise have expected to earn, and pain and suffering.
We can help
At the Law Office of Conrad Curry, our team of expert medical negligence solicitors have acted for many mothers, children and families who have suffered maternal and foetal birth trauma. If you have experienced birth trauma, we would be pleased to meet with you for an obligation-free discussion about your legal options. Please contact our friendly team to book an appointment on 02 4050 0330.
