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HEALTH AND MEDICAL NEGLIGENCE LAW AUSTRALIA
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Pregnancy, Babies and Children- NEWS
24.11.11 VIC: Healthy twin terminated in error A Victorian mother, pregnant with twin boys had been told that one twin had a congenital heart defect that would require years of operations, if he survived at all. She then made a decision to have the unhealthy baby aborted. An ultrasound clinician had checked the healthy baby, who was in a separate sac to the sick baby, before the termination. But just after 2.30pm on Tuesday the wrong baby was injected, terminating the healthy pregnancy. The mother then had an emergency caesarean section and the sick child was terminated in a three-hour operation. A Royal Women's Hospital spokeswoman last night apologised for the "distressing clinical accident" and said the hospital was launching a full investigation. Source: Herald Sun, 24.11.11.
30.07.11 VIC: $33.2 millon paid in compensation for negligent deliveries in Victorian Public Hospitals A record $33.2 million in compensation payouts have been made in the past year over bungled births in Victoria's public hospitals.
Victorian Managed Insurance Authority figures reveal payouts were made in compensation for 29 botched obstetric cases in the year to June 30 2011. A further $4 million was paid to two claims over newborns, while across all specialties 154 patients received more than $57 million. This compared with the previous year, where 31 obstetrics patients were paid $27 million.
08.04.11 QLD: $6.44 million compensation payout for cerebral palsy caused by medical negligence Simone and Steven Ward and their son Zac, aged 6, lodged the claim in Brisbane's Supreme Court in 2007 for personal injuries and consequential loss as a result of alleged negligence by Dr Robert Watson and HCoA Operations (Australia) Pty Ltd (North West Private Hospital). Compensation was awarded today at $6.44 million. Court documents state, had a "foetal compromise been detected, appropriate obstetric management could have been undertaken such that the third plaintiff would have been delivered without sustaining the effects of hypoxic injury to his brain". The Wards claim Zac's brain injuries were caused by negligence by the doctor and the hospital. Zac requires assistance to feed himself, is unable to walk or stand unaided and suffers other health complications, court documents state. Source: The Courier Mail online, 08.04.11.
21.08.10 NSW: Horror error at St George Hospital - woman injected with cleaning fluid According to news reports, a patient at St George Hospital was injected with a powerful antiseptic instead of anaesthetic, in what should have been a routine epidural. The Herald understands the two substances had been transferred to separate metal dishes on the sterile table, contravening the standard practice of drawing them directly from their packaging into a syringe to avoid confusion. News reports suggest that the medical error has poisoned the patient's nervous system, leaving her distressed, confused, in shocking pain, unable to walk or even sit and that her condition continues to deteriorate. Source: Sydney Morning Herald online 21.08.10.
UPDATE: 30.06.11 33-year-old Sydney mother Grace Wang was left paralysed from the waist down and suffered painful nerve damage after she was injected with a powerful skin antiseptic instead of a saline solution during an epidural while giving birth to Alex. She has gone through two brain surgeries and rehabilitation since the mix up at Sydney's St George Hospital in June last year. In a statement to Mandarin News Australia, St George Hospital said the mix up was an "extremely distressing case" and it has admitted fault. "The Hospital and the Local Health District are deeply sorry for what has happened to Grace and will continue to care for her and her family." Source: SMH online 30.06.11.
21.07.10 VIC: Couple sue for "wrongful birth" A Melbourne couple is suing the Royal Women's Hospital for damages because doctors failed to diagnose their unborn daughter with Down Syndrome, denying them the choice to have an abortion. The girl, who is now four years old, has heart, kidney and thyroid problems, needs help to eat and cannot talk. The parents want compensation for their trauma and specialist care costs. Victorian parents are able to sue for compensation to cover the costs of raising a child until they are 18 if the child was born as a result of negligent care. According to court documents, the parents say if they had known their daughter had Down Syndrome they would not have continued with the pregnancy. Source: abc.net.au 21.07.10.
06.07.10 QLD: Baby accidentally smothered to death Yesterday, an inquest began in a Rockhampton Coroner's Court into the death of Bela Maddison LeeHeidrich at Rockhampton Hospital on February 28, 2008. Counsel assisting the coroner said about 4am Ms Blomfield was laid on her right side to feed Bela for the second time and fell asleep. At 6.02am Bela was declared dead. An autopsy showed Bela died by mechanical asphyxia and had been deceased for up to 20 minutes when discovered. A midwife had set Ms Blomfield up to breastfeed while lying on her side and told her it was fine to fall asleep. Ms Blomfield should have been more closely supervised when she was learning to care for and breastfeed her baby. At the time of Bela's death, Rockhampton Hospital had no policy in relation to co-sleeping. It has since amended its breastfeeding policy to include safe practices. Source: themorningbulletin.com.au 06.07.10.
NSW: Mother's concerns dismissed Ms P took her baby to hospital X after the baby had suffered a fall. The baby was examined by Dr A. Ms P requested that a CT scan be ordered and a paediatrician be called to examine the baby. Dr A refused. When Ms P asked for a second opinion or that she would go elsewhere, Dr A handed her a telephone and told her to call an ambulance. Ms P then took her baby to another hospital, where she repeated the same history to the doctors, and immediately they ordered X-rays, a CT Scan and called a paediatrician (without Ms P even requesting these). Baby P had suffered a fractured thigh bone and a fracture of her arm. Fortunately, she was treated appropriately by hospital 2 and made a full recovery. The Director of the hospital explained that Dr A had planned to give the baby Panadol and monitor it for 4 hours, as “his country of training did not encourage CT scans for younger children”. Source: HCCC Case Study booklet volume 1.
31.05.10 NSW: Birth trauma death Jim Murray's wife Rebecca bled to death after a caesarian section, and a coroner has found that there were errors at both Bathurst and Nepean Hospitals. Despite a coroner's finding last year the hospitals were to blame and a letter by the Greater West Area Health Service agreeing the care was "suboptimal", Mr Murray is still waiting for compensation. Source: news.com.au 31.05.10.
NSW: Public Hospitals birth trauma compensation totals $115 million The NSW State Government has reportedly paid $115 million over 5 years for medical negligence compensation for birth trauma (such as cerebral palsy, brain damage and injury to mothers), with Sydney West Area Health (which runs Nepean) having the highest bill. Source: news.com.au 31.05.10.
24.10.09 W.A: Allegations of misconduct and gross carelessness involving an obstetrician and gynaecologist An obgyn at the centre of a medical scandal involving more than 100 female patients has admitted to misconduct charges against him. The admissions of guilt came during closed-door discussions with the Medical Board days before he was due to answer allegations in a series of public hearings before the State Administrative Tribunal. It has also been revealed that the doctor is being sued in the Perth District Court for allegedly performing botched gynaecological operations - some without consent - on women. A blanket suppression order has barred publication of all details and his identity. Source: news.com.au, Perth Now 24.10.09.
22.10.09 VIC: Obstetrician and Anaesthetist under investigation Piyanat Siriwan died six hours after delivering a healthy baby in South Eastern Private Hospital in 2004. She suffered from severe blood loss after giving birth. Coroner Spanos said not enough was done to save Mrs Siriwan's life, and she recommended the Medical Practitioners Board of Victoria investigate the doctors' management of her case. Yesterday, the doctors involved in her care, Dr Lichter and Dr Williams, appeared at the Victorian Civil and Administrative Tribunal accused of unprofessional conduct for not caring for Mrs Siriwan at a level expected by their peers and the public. Both are accused of failing to assess and adequately address Mrs Siriwan's blood loss and physical instability by not starting an aggressive blood transfusion, among other treatments. It is also alleged Dr Maurice Lichter, OBGYN should have performed a hysterectomy following an examination he performed about 90 minutes after Mrs Siriwan gave birth, and that he inappropriately transferred her to Monash later in the day. Dr Emlyn Williams, Aneasthetist is accused of not staying with Mrs Siriwan at times when he should have at South Eastern Private, consenting to her inappropriate transfer, and not commencing ''basic or advanced life support'' during her transfer by ambulance to Monash. The hearing continues. Source: The Age 22.10.09. 20.05.09
Separate wards may reduce potential medical errors Doctors are calling for state governments across Australia to stop children from being housed with adults in hospitals. The Royal Australasian College of Physicians says separate, specialist facilities for children and adolescents would minimise medical error. In countries where standards have been implemented there have been decreased medical error rates and morbidity related to hospitalisations of children. Source: ABC news 20.05.09
20.11.08 Drug Error Reduction Program A four-year study at Sydney Children's Hospital found the pediatric therapeutics program led to the number of harm events being cut by more than 50 per cent, from 19.2 per 100 patients to 8.6 per 100 patients when the study concluded last year. The findings, released at a Sydney conference, concluded that the pediatric therapeutics program run by the hospital and the University of NSW was effective in reducing medication errors and harm to children in hospital, and the benefits were still evident four years after the scheme began. Source: The Australian.
14.11.08 Doctors fail to read instructions FAILURE to follow instructions had led to surgical wire being left lodged near the hearts of nine child patients, a health watchdog says. The Therapeutic Goods Administration today said an investigation had found no inherent flaws with any brands of the PICC, but it was important instructions for use were carefully followed. Source: news.com.au 14.11.08
26.01.08
VIC: Mother dies giving birth- coroner rules her death was preventable Piyanat Siriwan began hemorrhaging uncontrollably after labour at the South Eastern Private Hospital, but her transfer to another hospital for life-saving surgery was delayed. The coroner found obstetrician and gynaecologist Maurice Lichter and anaesthetist Emlyn Williams contributed to Ms Siriwan's death. She recommended the Medical Practitioners Board take whatever action it deemed appropriate against the doctors. Source: news.com.au 26.01.08 22.11.07 NSW: Parents successfully settle drug case: Misoprostol / Cytotec RELIEF gave way to emotion as the parents of a six-year-old boy born with cerebral palsy as the result of a controversial drug trial, settled their cases against Wagga Wagga Base Hospital. Source: SMH 22.11.07 UP TO 12 mothers who had disabled children after a drug trial could sue a hospital for millions of dollars after it agreed to pay more than $750,000 to a woman whose child was born with cerebral palsy. Source: The Age 19.11.07. More than 1,000 women may have taken part in the trial at hospitals across Australia, including 250 women at Wagga Wagga Base Hospital. Source: ABC news 21.11.07.
23.12.07
NSW: Bankstown Hospital and Westmead Childrens' Hospital... Boy dies of meningitis. 8 year old Isaraelu Pele died on Tuesday after medical staff allegedly failed to diagnose him correctly or even administer a test for meningitis during two hospital visits. Source: SMH 23.12.07.
28.11.07
Horror of hospital morphine overdose A BRAIN-damaged baby needed oxygen and a breathing pump after a Melbourne hospital gave him a morphine dose 10 times stronger than prescribed. His distraught parents, Avril Hart, 18, and Beau Doherty, 17, are demanding answers from Monash Medical Centre about son Noah's care, but say they are being ignored because of their age. The four-month-old stopped breathing after being given 2 milligrams of morphine instead of the prescribed 0.2 milligrams on November 18. The Southern Health hospital has admitted the error but said staff administered treatment immediately and there was no deterioration in Noah's condition. Source: Herald Sun 28.11.07.
22.11.07
NSW: Parents successfully settle drug case: Misoprostol RELIEF gave way to emotion as the parents of a six-year-old boy born with cerebral palsy as the result of a controversial drug trial, settled their cases against Wagga Wagga Base Hospital. Source: SMH 22.11.07 UP TO 12 mothers who had disabled children after a drug trial could sue a hospital for millions of dollars after it agreed to pay more than $750,000 to a woman whose child was born with cerebral palsy. Source: The Age 19.11.07. More than 1,000 women may have taken part in the trial at hospitals across Australia, including 250 women at Wagga Wagga Base Hospital. Source: ABC news 21.11.07.
NSW: Royal North Shore Hospital - Birth in toilet in hospital without care A WOMAN'S miscarriage in a Sydney hospital toilet after waiting for two hours for emergency treatment led to a wave of complaints from the public yesterday insisting it was not an isolated case. Source: SMH 27.09.07. The Age 26.09.07.
09.02.07
Alert over birth injury NEWBORNS leaving hospital with undiagnosed bone and muscle injuries are a big problem for parents, a pediatric chiropractor says. RMIT pediatrics lecturer Braden Keil said up to 70 per cent of babies were injured during birth, and while most injuries were minor they could be a problem for parents. A Northern Territory mother flew to Melbourne this week to see a chiropractor and learned her three-month-old daughter had a fractured collarbone and a dislocated shoulder, allegedly sustained during birth. Dr Keil said of about 20 babies he saw each week, about half had undiagnosed shoulder problems.
07.02.07 One-third of doctors would hasten death of ill newborn Doctors ready to defy law to speed death of ill newborns
18.10.06 Call to probe all maternal deaths A report by the Australian Institute of Health and Welfare shows there were 95 maternal deaths between 2000 and 2002 — a rate of 11.1 women in every 100,000 who gave birth. This was up from 8.4 per 100,000 women in the previous three years. The increase is due to more stringent reporting and changes to how the deaths are classified, the report says. The report said that of the 95 maternal deaths, 84 were related directly or indirectly to the pregnancy's management. (The Age 18 October 2006)
26.08.06 Obstetric cash-in with net
16.08.06
Fears rise of a drop in heel-prick testing in babies National guidelines on newborn screening are also being developed to improve consistency around consent, and the collection and storage of information between the states. A committee has been working on the issue for the past two years and aims to report back to the Australian Health Ministers Advisory Council next year.
08.07.06 Too many caesars? IN doctors' rooms around the country pregnant women are walking in and asking for their babies to be surgically removed. They're not the majority, but evidence shows their numbers are increasing. Some of them are paralysed by the fear of giving birth, others want to remain in control of where and when they have their baby, and still others think caesarean section is a less risky option than leaving delivery up to Mother Nature. Add to these the women advised by their obstetricians to have a caesarean section before, or during, labour and you get a national caesarean rate of nearly 29 per cent. Experts are calling for a rethink on the readiness of Australian women to have caesareans. Kellie Bisset reports in The Australian.
09.06.06 Baby Angelina morgue mix-up Angelina was stillborn at 28 weeks in the back of an ambulance on May 13. Her mother, aged 33, was admitted to Blacktown Hospital and asked for her daughter's body to be removed once she fell asleep. Nine days later the family was informed Angelina's body had "gone missing." http://dailytelegraph.news.com.au/story/0,20281,19407850-5001021,00.html
08.06.06
Dead baby born at roadside after hospital turns parents away A FARMHAND was forced to deliver his dead baby in a car beside the road after his wife - having her first child - was turned away from their local hospital and told to drive to another facility three hours away. An investigation has been ordered into why 34-week pregnant Sharon Walker, 35, was not provided with an ambulance for the 270km journey from Emerald to Rockhampton, in central Queensland. http://www.theaustralian.news.com.au/story/0,20867,19400801-601,00.html
05.06.06
Doctors accused over brain damage 3 young doctors are facing allegations of unprofessional conduct after a baby was allegedly given 10 times the standard concentration of glucose in a drip at the Royal Children's Hospital, resulting in severe brain damage. The boy's mother made the claim yesterday in evidence to the Medical Practitioners Board, where three young doctors are facing allegations of unprofessional conduct after the baby was given 10 times the standard concentration of glucose in a drip at the Royal Children's Hospital. The incident resulted in a multimillion-dollar out-of-court settlement, one of the largest medical payouts in Victoria. "This case concerns a simple but very serious mistake made by a conscientious junior doctor during a demanding night shift which had devastating consequences for everybody concerned," counsel assisting the board, Melanie Young, said.
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