Failed Termination Procedure and Emergency Hysterectomy

  • Outcome: Settlement [$450,000 incl. costs]
  • Court: County Court of Victoria
  • Defendant: Major Metropolitan Melbourne Public Hospital

This plaintiff suffered devastating physical and psychological injuries following a late termination procedure performed at a major metropolitan hospital in 2017.

The Circumstances

The plaintiff was referred to a specialist fetal diagnostic unit after a 25-week ultrasound identified abnormalities consistent with Desbuquois syndrome, a rare genetic condition associated with severe disability and poor prognosis. Following counselling and review by the hospital’s termination committee, she elected to proceed with a late termination of pregnancy.

The planned procedure involved an intracardiac injection of potassium chloride (KCL) to stop the fetal heart, followed by induction of labour. Medical experts later noted that this procedure requires careful ultrasound guidance and confirmation that the fetal heart has stopped after the injection.

However, complications arose during the process. The plaintiff reported feeling ongoing fetal movement after the injections and repeatedly requested confirmation that the fetal heart had stopped. According to her account, those requests were not acted upon.

Catastrophic Complications

During the subsequent labour and delivery process, the plaintiff experienced severe complications, including heavy bleeding. She was taken urgently to theatre where doctors performed an emergency hysterectomy in order to save her life.

The surgery permanently removed her ability to have more children.

Impact on the Patient

Beyond the physical trauma of major emergency surgery, the plaintiff suffered profound psychological consequences. The loss of her fertility, the traumatic delivery and the circumstances surrounding the procedure had a significant impact on her mental health and personal life.

Our Approach

Cases involving complications from pregnancy termination require careful investigation of clinical protocols, consent processes and procedural safeguards. Our legal team worked with leading obstetric and maternal-fetal medicine experts to analyse the care provided and pursue compensation for the life-altering injuries suffered by our client.

  • What our clients say

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throughout the process.

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“We were told by another law firm that we had no claim, but then someone recommended […]

Today, we have settled a claim, and Anthony Porthouse was very professional and very responsive. He made it clear what was happening and what we should do. I would highly recommend […] for any case where you need to be looked after.”

John Turner

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“I would fully recommend […] for several reasons.

My case involved the death of my husband so it has been an extremely difficult time for me. My lawyer (Anthony Porthouse) and his team were extremely compassionate and understanding. They kept me up to date with the progression of the case and explored every avenue regarding getting me the best result. Trust was a very important factor and I trusted their judgement completely.

I was treated with respect and not made to feel as though I was just another case. If you need a very good lawyer then I definitely would consider […] VH”

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“I just wanted to put something in writing to thank […] particularly Anthony Porthouse and Mallika Uppal, for their professionalism, transparency, commitment, integrity, compassion and support throughout my particularly complex case. You made the whole process much less stressful than it could have been and I am so thankful to you for this.

Anthony and Mallika are highly competent and their expertise is second to none. They were always available to me for any questions I had and everything was always explained in plain speak. This reassurance was, to me, and integral part of the process. Overall, they really went above and beyond, and I feel confident that they achieved the best outcome for my case. Now this horrendous journey is over and I can now, thanks to them, begin to move on with my life. I will always be grateful to them and have no hesitation in giving them my highest recommendation. Thank You does not seem enough.
Kim D”

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