HEALTH AND MEDICAL NEGLIGENCE LAW AUSTRALIA
OBSTETRICS AND GYNAECOLOGY CLAIMS
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OBSTETRICS AND GYNAECOLOGY
Injuries occurring just before, during, or immediately after the birth of a child can be emotionally traumatic and financially overwhelming for victims and their families, especially if these injuries are the result of medical negligence.
A Consultant Obstetrician & Gynaecologist (OBGYN) is also known as simply as an Obstetrician if most of his/her work is in dealing with pregnancy, or as a Gynaecologist if most of his/her work is non-pregnancy related gynaecology. If most of his/her work is in the field of infertility then he/she may be known as a Fertility Specialist.
OBGYN's deal with pregnancy, labour and delivery as well as ectopic pregnancy, Caesarian sections, forceps and vacuum delivery, miscarriages, terminations (abortions), sterilisations and infertility. They also manage medical conditions such as cervical cancer, tumours and cysts of the ovaries, endometriosis, hysterectomies, vaginal surgery and failed contraception.
To establish obstetric or gynaecological negligence, the patient must prove that:
Examples of areas in which there have been obstetric and gynaecology compensation claims involving negligence include:
Birth trauma: How do I know if there was negligence in my particular situation?
Not all children born with cerebral palsy have this condition because of something wrong that the treating doctors did. Some babies can go through a near "perfect" labour and still be born with cerebral palsy.
So how do you know if your child's cerebral palsy was caused by medical negligence? There is no easy way to tell.
An experienced medical negligence lawyer can review the antenatal treatment records, the mother's and baby's hospital notes, and obtain expert independent medical evidence which will look at the standard of care that was provided to you, whether the treating medical professionals have breached their duty of care, and whether these breaches have caused your child's cerebral palsy.
In medical negligence law, you do not have to prove something to 100% certainty. You only need to establish the most probable or likely cause of the damage. So if you can show that the most probable cause of your baby's cerebral palsy is a breach in duty of care, then your child will be entitled to be compensated. The same applies with all medical negligence cases- you need to establish a case "on the balance of probabilities". Each of the 4 points listed above (duty of care, breach, causation, damage) need to be proven on the balance of probabilities, to be successful in a compensation case.
It may sound simple, but medical negligence is actually one of the most complex areas of the law.
That is why you should seek the advice from an expert in obstetric and gynaecology claims.
Need legal advice regarding an obstetric or gynaecology compensation claim?
If you have suffered from obstetric or gynaecological negligence which causes injury, loss, disability or illness, you may be eligible for compensation.
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