Grieving mum Nadine Lont calls for inquiry into Victoria’s hospitals amid rise in medical negligence claims

A mum whose newborn died says she was denied a c-section for hours, recounting the horrifying moment she screamed for help in a Victorian hospital.

Victoria’s cash-strapped hospitals are being hit with a soaring number of medical negligence claims, and experts are raising major concerns over facilities being pushed to their limits.

Multiple personal injury lawyers are reporting being “inundated” with a rising number of medical injury claims involving Victoria’s public hospitals and health services.

Shine Lawyers medical law practice leader Daniel Opare said the number of cases in Victoria had exploded since Covid.

This included a worrying trend of people reporting serious spinal damage and being wheelchair bound due to issues going untreated or delays in emergency departments.

Undiagnosed cancers and baby deaths were also among the growing caseloads.

“We’ve certainly seen an increase of inquiries over the past few years, and we are certainly seeing more viable claims that result in insurance payouts,” he told the Herald Sun.

“There’s been a big increase in emergency department cases where there have been allegations of poor care and conditions not diagnosed in a timely manner.

Mum Nadine and dad Danny with their one-week-old daughter Lacey Lont before she passed away. Picture: Supplied

“We are seeing a lot with pulmonary embolisms – blood clots in the lungs – and infections in general like sepsis.

“There’s a lot more to do with difficulties during labour where issues aren’t being detected by midwives or obstetricians, and then children being born with traumatic brain injuries.”

Data from the County Court shows that cases against health providers in Victoria are on the rise with proceedings initiated in 2023/24 jumping 13 per cent.

The Victorian Managed Insurance Authority reported liability claims for medical indemnity cases in Victorian health facilities to hit $402.5 million by the end of 2024, double the liabilities predicted for 2018 of $195 million.

Gippsland woman Nadine Lont, 31, is currently pursuing legal action against Latrobe Regional Hospital in Victoria’s East over the death of her baby Lacey in September.

Nadine Lont is pursuing legal action against a Victorian Hospital over the death of her baby Lacey. Picture: Supplied

Ms Lont had been suffering hyperemesis during the pregnancy and her baby was in a breech position but an early induction was cancelled due to understaffing issues.

At 36 weeks she went to hospital after concerning bleeding but was denied an emergency C-section for hours.

When she finally gave birth to her Lacey – her second daughter – there were no signs of life, and a code blue was called.

Her child was resuscitated and rushed to Monash Children’s Hospital in Melbourne where she later died after seven days on life support.

“There was blood everywhere, and I was screaming that we were both dying, but they just told me to calm down.

“It’s not about the money. I want an inquiry. I want this to be fixed so it doesn’t happen to somebody else,” she said.

Nadine Lont, with eldest daughter Isla Joy, was denied an emergency C-section while pregnant with late daughter Lacey. Picture: Supplied

Her lawyer, Michael Passaro from Law Partners, said regional hospitals were a major concern.

“We’ve seen a significant rise in cases related to poor outcomes not just due to treatment but also to delays in transportation from one hospital to another.

“There are issues around hospitals not having appropriate equipment or don’t have staff that can operate them, especially in regional hospitals.”

“It’s clearly a funding issue. That impacts staffing levels and the availability of equipment, specifically in the regions where they are under-resourced, and then there’s oversight.

“Often these issues have been occurring for some time, and people know, so an independent inquiry is needed so we can determine whether all this harm or all these cases could have been prevented.”

In a separate case revealed to the Herald Sun, a father in his 50s was referred to a major Melbourne hospital for a biopsy by his GP.

He was told it was nothing and to go home, and in 12 months was dead.

One doctor told the Herald Sun that staffing issues and a lack of expertise were plaguing facilities across regional areas and that medical negligence claims were seen as “a reality.”

Nine-year-old Isla with her late baby sister Lacey, who died at Monash Children’s Hospital after seven days on life support. Picture: Supplied

“We know they can’t get the experienced staff outside of Melbourne. We know young doctors are expected to do much more than they are trained or capable of. They are stressed and work long hours. It’s so commonplace.”

Multiple physicians have also raised concerns with the Herald Sun about the Australian Health Practitioner Regulation Agency’s (AHPRA) streamlined pathway for more international medical practitioners to work in Australia.

Doctors raised concerns that less skilled doctors from overseas will be used to fill gaps in already struggling units in regional facilities without proper oversight.

Specialists, including anaesthetists, obstetricians, gynaecologists, and psychiatrists from Ireland, New Zealand, and the UK, were expected to start being fast-tracked for placement by December 2024.

A Victorian Government spokesperson said that “the number indemnity claims fluctuate year-on-year due to a range of complex factors, including time between alleged incidents and claims, demand for services, and population growth.

Gippsland woman Nadine Lont pictured with late daughter Lacey. Picture: Supplied

“Patient safety is our priority – it is why we established the Health Complaints Commissioner, Safer Care Victoria, and introduced the Australian-first Statutory Duty of Candour, to ensure we have the most stringent reporting, accountability, and transparency environment in the country.

“Individual health services manage any litigation claims and have their own processes to receive complaints and feedback from patients and consumers.”

Opposition spokeswoman for health Georgie Crozier said: “The extent of the health crisis is being further exposed by these tragic outcomes.”

“What they show is that under Jacinta Allan and Labor, avoidable deaths and life changing injuries are occurring as a result of a failing health system.”

“Focusing on better patient outcomes should be front and centre, but that’s not happening under Labor as they continue to prioritise the Suburban Rail Loop over the health and wellbeing of all Victorians.”

Originally published as Grieving mum Nadine Lont calls for inquiry into Victoria’s hospitals amid rise in medical negligence claims