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Failure to Perform Emergency C-section | Our Client’s Story

We acted for an 8 year old boy who had a mild form of cerebral palsy.

When 41 weeks pregnant, our client’s mother had presented to hospital in active labour. At the hospital and during fetal monitoring, a slowing fetal hear rate became evident. We obtained evidence that an emergency c-section should have been performed as soon as these changes became apparent. After birth our client was diagnosed with a mild form of cerebral palsy due to hypoxic ischaemic encephalopathy – a brain injury caused by oxygen deprivation.

Our client was not confined to a wheelchair or grossly physically disabled. However, his injuries and disabilities – which included physical weakness and instability – also included learning difficulties which became more and more pronounced as he grew older. We obtained evidence from occupational therapists, other allied health professionals and a number of lay witnesses to show that he would be totally dependent on other people to care for him for the rest of his life notwithstanding the relative mildness of his injuries.

During the case, we negotiated an interim payment to help our client’s parents provide for his special needs. The case was then resolved for a large sum that would allow our client to afford his medical care, education and accommodation expenses for life – together with loss of income that he could otherwise have been expected to have been able to earn.

Our team can assist you by providing expert advice and legal support regarding your options. Contact us today on (02) 4929 3995 or info@catherinehenrylawyers.com.au.


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