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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

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          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

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Birth Injury Compensation Claims: hospital delay in recognising bleeding following caesarean section

The Supreme Court of the ACT recently decided that a woman was entitled to birth injury compensation claims after staff at The Canberra Hospital took three hours to recognise, and promptly treat with further surgery, a bleed suffered after a caesarean section. The decision shows how complex medical negligence claims can be, particularly when it comes to the causation of damage.

The Facts

A summary of the ACT case of Read v The Australian Capital Territory provides an insight into how courts determine medical negligence claims, in particular in regards to birth injury compensation claims. It also shows how, on appeal, an injured party may end up with a reduction on the award from the Court below.

  • In the Court below, it was held that the Canberra Hospital (“the Hospital”) breached its duty of care to Ms Read by taking three hours to diagnose that she was bleeding internally from her uterine artery after a c-section delivery. This resulted in a delay in taking her back for a second surgery (a laparotomy) to identify the source of the bleeding and tie off the uterine artery to stem the blood flow.
  • Ms Read was awarded $50,000 for general damages (for her pain and suffering associated with psychological injury).
  • Ms Read’s solicitors appealed the decision, arguing that the award for general damages was insufficient and that compensation should have been awarded for economic loss and for domestic care and assistance required by Ms Read.
  • The Hospital’s solicitors cross-appealed. They did not argue that there was no breach of the duty of care owed to Ms Read. However, they argued that there was no additional significant harm caused by the delay. In other words, they argued Ms Read’s pain and suffering resulted from the c-section itself and from the second surgery, which she would have needed regardless of the delay.
  • The link between a breach of duty to exercise reasonable care and skill and the damage resulting from the breach is known as causation. Causation is an essential element that needs to be proven by an injured party in a negligence action.
  • The Supreme Court held that Ms Read would have suffered her diagnosed psychiatric condition regardless of the delay on the part of the hospital, because of the traumatic circumstances surrounding the pregnancy and the birth (extensive admission to hospital due to complications of pregnancy; haemorrhage during pregnancy; significant blood loss during emergency c-section; the need for a second surgery; the admission to ICU – none of which were the result of a breach of duty by the Hospital).
  • However, the Court held that Ms Read was entitled to compensation for anxiety and discomfort during the period of delay when she continued to bleed internally and had an elevated heart rate. Any additional consequences flowing from the additional loss of blood (during the three-hour period) would also be compensated if proven.
  • On this reasoning and because the Hospital had established that the findings of the Court below on causation of harm involved errors, the award of general damages could be reconsidered. The amount awarded for general damages was reduced to $13,000. The Court confirmed there was no economic loss or need for domestic care and assistance caused by the three-hour delay and so no additional compensation was awarded.

Birth trauma compensation claims and issues of causation are complex and require an experienced medical negligence solicitor. We welcome your call should you require some obligation-free advice on your birth experience.

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