Parents of severally disabled boy launch District Court action against Women’s and Children’s Hospital for alleged negligence

The parents of a child born with severe disabilities are suing the Women’s and Children’s Hospital for the money needed to cover his medical bills for the rest of his life.

The parents of a child who suffered critical injuries at birth have launched a lawsuit against the Women’s and Children’s Hospital for the millions in medical bills their son will experience over his lifetime.

The child suffered severe brain injuries during birth, leaving him with dystonic quadriplegic cerebral palsy which requires 24 hour care for the rest of his life.

In documents released by the District Court earlier this month the parents accused the hospital and several of its staff of negligence.

However, in defence documents filed with the court the hospital refutes any claims they could have predicted the birth would be complicated.

The baby was born in 2015 to a couple who had four previous children.

The court documents stated that the mother had experienced five miscarriages and three of her children had been born following “rapid labour”.

One of the births lasted only 2.45 hours, while a second lasted 3.44 hours.

During one of the births the baby’s shoulders got stuck in the birth canal leading to shoulder dystocia.

Their son was born on June 4, 2015 at 2.56am following a short labour.

The parents arrived at the hospital around 1.40am and were admitted to a ward.

The court documents claim the signs were clear that the baby was in distress and suffering from a lack of oxygen.

The parents of a child born at the Women’s and Children’s Hospital at North Adelaide is suing the hospital and its staff, claiming negligence in the care of their child.. Picture: Kelly Barnes

The baby suffered shoulder dystocia and was stuck in the birth canal for several minutes before finally being delivered.

The parents argued that the complicated previous births should have led to the hospital recognising that a rapid birth with shoulder dystocia was likely.

They say that an obstetrician, or specially trained personnel, should have been monitoring the mother through the birth and a voluntary caesarean section should have been offered.

Further, the parents say the mother was not fully monitored during the period of the birth when the baby would have been in distress and oxygen cut off from the brain.

The hospital argues that births within the time frame the mother experienced were normal and denies that there was a history of shoulder of dystocia or rapid births.

Lawyers for the hospital said that if the matter went to trial they would “rely on the hospital records for their full force and effect”.

“The mother had an uncomplicated pregnancy in which no indication for continuous medical electronic foetal monitoring arose,” the defence documents state.

The parents claim that, as a result of the hospital’s negligence, their son suffered myriad health issues including global and cognitive delays and issues, which have restricted his ability to move.

They claim for medical bills for his past care and future expenses including specialised equipment, modifications to their home to make mobility easier and for ongoing care and specialist treatments.

The parents also claim damages for the psychological injury they say they experienced after witnessing their new born convulsing and being resuscitated.

While the exact amount of damages sought are not enumerated, they are believed to easily pass the million dollar mark.

The case continues in the District Court.