Name: An instant guide to obstetric negligence claims
Uploaded: 2023-08-17T04:20:29.514Z
Duration: 197
Description: Join experienced medical lawyer Emily Hart as she explains everything you need to know about obstetric claims. From proving medical negligence to compensation for damages, Emily gives a quick overview of what to do to help you get started.

Emily Hart.mp4

Emily Hart.vtt

Emily Hart

{{00:00:13}}
So there are a range of
different obstetric claims.

{{00:00:15}}
There are obviously claims
involving injury to the baby,

{{00:00:19}}
which is one category of claims.

{{00:00:22}}
Then there are the claims relating
to injury to the mother or to the

{{00:00:26}}
parent, which includes psychiatric
injuries, which is what we're

{{00:00:29}}
gonna be talking about today.

{{00:00:31}}
And look there's a range of different
injuries that can be the subject of

{{00:00:36}}
a claim in all of those categories.

{{00:00:46}}
So in Victoria where I practice,
there are three key elements

{{00:00:49}}
to establishing a claim.

{{00:00:52}}
You have to prove negligence that the
care fell below a reasonable standard, and

{{00:00:55}}
that's based on peer professional opinion.

{{00:00:58}}
You have to prove causation, that is
that, but for the negligent treatment

{{00:01:04}}
the outcome would've been different.

{{00:01:06}}
And thirdly you have to establish that
there is a significant injury, meaning a

{{00:01:09}}
permanent impairment that's not likely to
improve with time or further treatment.

{{00:01:22}}
It's absolutely fundamental to any claim.

{{00:01:24}}
We are not able to commence litigation
without expert evidence in place.

{{00:01:29}}
We have to have a proper
legal basis to bring a claim.

{{00:01:32}}
So any claim that proceeds through
the courts must have expert evidence.

{{00:01:37}}
And obviously as a result, the experts
that we use, the experts that are used

{{00:01:42}}
by our colleagues who are defending
claims are absolutely fundamental.

{{00:01:55}}
So again this is Victorian based,
but there are two types of damages:

{{00:01:58}}
there are special damages, which are
quantifiable things that we can add up.

{{00:02:02}}
So time off work, medical,
and like expenses.

{{00:02:04}}
And we rely on expert evidence for
those things in terms of what a

{{00:02:08}}
patient might need going forward.

{{00:02:10}}
There's also pain and suffering
damages or general damages in Victoria.

{{00:02:14}}
That's subject to an injury threshold.

{{00:02:17}}
But ultimately there is no science to
how that is determined, and it's subject

{{00:02:20}}
to either negotiation during a mediation
or an award from a court or a jury.

{{00:02:34}}
I think that it's a very difficult
balance between being informed

{{00:02:38}}
and being overly informed.

{{00:02:41}}
Finding an obstetrician or a
midwife who you're comfortable

{{00:02:45}}
to have discussions with and ask
questions of is absolutely essential.

{{00:02:49}}
Sometimes having those questions
in writing can be helpful.

{{00:02:52}}
I suppose you know, if it doesn't
feel right, say something.

{{00:03:00}}
And have a birthing partner who is
empowered to also ask questions and,

{{00:03:07}}
you know, check in with you and stop
things if you're not feeling comfortable.

So there are a range of
different obstetric claims.

There are obviously claims
involving injury to the baby,

Then there are the claims relating
to injury to the mother or to the

parent, which includes psychiatric
injuries, which is what we're

And look there's a range of different
injuries that can be the subject of

So in Victoria where I practice,
there are three key elements

You have to prove negligence that the
care fell below a reasonable standard, and

that's based on peer professional opinion.

You have to prove causation, that is
that, but for the negligent treatment

And thirdly you have to establish that
there is a significant injury, meaning a

permanent impairment that's not likely to
improve with time or further treatment.

It's absolutely fundamental to any claim.

We are not able to commence litigation
without expert evidence in place.

We have to have a proper
legal basis to bring a claim.

So any claim that proceeds through
the courts must have expert evidence.

And obviously as a result, the experts
that we use, the experts that are used

by our colleagues who are defending
claims are absolutely fundamental.

So again this is Victorian based,
but there are two types of damages:

there are special damages, which are
quantifiable things that we can add up.

So time off work, medical,
and like expenses.

And we rely on expert evidence for
those things in terms of what a

There's also pain and suffering
damages or general damages in Victoria.

But ultimately there is no science to
how that is determined, and it's subject

to either negotiation during a mediation
or an award from a court or a jury.

I think that it's a very difficult
balance between being informed

Finding an obstetrician or a
midwife who you're comfortable

to have discussions with and ask
questions of is absolutely essential.

Sometimes having those questions
in writing can be helpful.

I suppose you know, if it doesn't
feel right, say something.

And have a birthing partner who is
empowered to also ask questions and,

you know, check in with you and stop
things if you're not feeling comfortable.

Expert Insight

Join experienced medical lawyer Emily Hart as she explains everything you need to know about obstetric claims. From proving medical negligence to compensation for damages, Emily gives a quick overview of what to do to help you get started.