- Outcome: Settlement [$550,000 incl. costs]
- Court: District Court of New South Wales
- Defendant: Regional Public Hospital
This was a claim for a mother following the tragic death of her newborn shortly after birth at Gosford Hospital. The claim involved allegations of failures in obstetric monitoring during labour and delays in recognising and treating a critically unwell newborn. The proceedings were ultimately resolved with a confidential settlement.
The Circumstances
The plaintiff was admitted to Gosford Hospital at almost 40 weeks’ gestation for the birth of her daughter, Chloe. During labour, the baby’s condition was monitored using cardiotocography (CTG). The records indicated abnormal foetal heart rate patterns and the presence of meconium-stained amniotic fluid, both of which can be indicators that a baby may be under stress during labour.
Chloe was delivered later that afternoon. At birth she was described as pale and floppy, and nursing observations recorded concerns about her condition in the period following delivery. She was later transferred to the Special Care Nursery for resuscitation. Tragically, despite attempts to revive her, Chloe died later that evening.
The Claim
Proceedings were commenced in the District Court of New South Wales alleging that the hospital failed to provide appropriate care during labour and immediately after birth. The claim alleged failures to properly interpret abnormal CTG monitoring, recognise signs of foetal compromise, diagnose severe foetal anaemia, and perform urgent investigations and treatment in the critical period following delivery.
The Impact
The loss of her child had a profound psychological impact on the plaintiff. She developed chronic major depressive illness and experienced symptoms including sleep disturbance, intrusive memories of the birth, and avoidance of hospitals and children.
Following the preparation of expert medical evidence and mediation, the matter resolved with a confidential settlement. While no legal outcome can undo such a loss, the resolution provided financial security and recognition of the serious concerns about the care provided.
Your birth experience matters, so do your rights!
If something went wrong during your birth, you deserve honest answers. We are Australia's only specialist practice dedicated to mothers and families affected by birth injury.
- What our clients say
