Case Studies

Brain injury claim against private hospital

Our team advised a private hospital and its Australian insurer on the successful resolution of a $14 million catastrophic brain injury claim, including recovery of a substantial contribution from a third party.

The plaintiff was delivered/ born with cerebral palsy and epilepsy following a prolonged labour that included a period of cardiotocograph (CTG) monitoring, close involvement of a consultant obstetrician, and the disconnection of the CTG to permit the plaintiff’s mother to be showered for pain relief.

Intermittent foetal heart monitoring was maintained during the shower. Upon reconnection to the CTG, persistent deep decelerations indicative of perinatal asphyxia was observed. Complex liability and causation issues included the consultant obstetrician leaving the hospital during the labour (despite the CTG trace not being reassuring), and professional conduct issues raised by the obstetrician altering the hospital notes post-delivery.

The matter resolved within the reserve and with a substantial contribution from the doctor’s insurer, following a private mediation.

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