WARNING TO READERS WHO ARE ABORIGINAL AND TORRES STRAIT ISLANDER. This story talks about people who have died.
Our team of health lawyers successfully settled a case for damages for our client against a NSW Local Health District in rural NSW after her baby boy delivered stillbirth.
A Gamilaraay woman, our client was 28 weeks pregnant when she went to see her GP at a branch of the Aboriginal Health Service for an antenatal check-up. Her blood pressure was 131/96 she had trace protein in her urine and watery fluid in her ankle.
She was booked to have a blood test for pre-eclampsia that week and to be reviewed weekly. Before the pregnancy our client was obese.
A week later her blood pressure was 124/88 and she had watery fluid in her feet. A few days later her blood pressure was 122/91 and no fluid was noted.
A bit over a month later she saw an obstetrician in the regional NSW town who recorded our client’s blood pressure as 130/80. The obstetrician was concerned about our client’s weight and the results of the tests she had. The obstetrician booked our client in for a growth ultrasound and review at the local hospital. At that ultrasound, our client said she had had stomach pain the week before. Her blood pressure was 128/79 and there was no watery fluid noted. No one did a urinalysis.
At her next hospital visit, her blood pressure was 130/85 and she had worrying urinalysis results. She was given Gaviscon for indigestion. At the next hospital visit, no one did a urinalysis.
At the antenatal appointment with the obstetrician, she had trace protein in her urine and the doctor said she had suspected pre-eclampsia and accordingly our client travelled a considerable distance that day to the nearest large town with a larger hospital. A few days later she was reviewed at that same hospital but sent home.
Some days later, back at the small hospital in the town where she lived, our client was found to have leucocytes and trace protein in her urine and she told staff that her hands had been so puffy for a week that she could not wear a bracelet or watch. And, she’d had “period type” cramping twice the day before. Our client was discharged and told to come back the next day.
Her GP asked the obstetrician at the local hospital to monitor our client and to have pre-eclampsia blood samples. When she went to hospital her arms and legs were swollen with watery fluid, she had leucocytes and protein in her urine, but she was sent home.
She went to the hospital in the larger town a few days later because she couldn’t feel her baby as much as she had been able to over the past day. Nurses at the hospital couldn’t find a heartbeat. Two days later our client delivered her dead baby boy.
Our case for compensation
Breach of Duty of Care
We argued that the health service breached its duty of care to our client by:
- not appreciating the significance of her pre-existing risk factors and pregnancy induced hypertension
- discharging her from hospital
- failing to recommend that our client be induced or have a caesarean
- failing to induce the baby or perform a caesarean.
They did not follow all necessary procedures for antenatal monitoring of the plaintiff and foetus in accordance with the guidelines of the Society of Obstetric Medicine of Australia and New Zealand regarding the Management of Hypertensive Disorders of Pregnancy.
Our client’s loss
The health service’s breach of duty caused and contributed to our client suffering injury, loss and damage. She developed complex bereavement disorder, avoidance behaviour and had persistent intrusive thoughts. Her mood was disturbed, she developed anxiety and didn’t want to be with people. Her grief made it difficult to work and she lost the ability to work.
We were able to obtain a substantial settlement, including legal and court costs, for our client to help compensate for her loss.
How we can help you or your loved one who experienced stillbirth due to medical negligence
If you or a loved one suspect you have experienced stillbirth as a result of negligence, please do not hesitate to talk to one of our caring, expert, health lawyers about the options available to you. Taking legal action holds negligent professionals to account and improves patient safety. To confidentially discuss your needs call us on 1800 874 949 or fill in the form below, and we will be in touch.
