Commins Hendriks acted on behalf of the Plaintiffs in KS and XT v Calvary Health Care (2018). In this case, a husband (XT) and his wife (KS) successfully argued that a Canberra hospital had breached their professional duty of care following the stillbirth of their child.
What happened?
KS was admitted to hospital one week past her due date for a planned induction of labour. She and her husband, XT, arrived at around 4:30pm, and foetal heart monitoring commenced shortly afterwards.
Within half an hour, the baby’s heart rate showed concerning changes. Despite this, the abnormalities were not properly evaluated, and more than an hour passed before the obstetrician was contacted. When notified at approximately 6pm, the obstetrician ordered an emergency caesarean. KS was not taken to theatre for a further 30 minutes. By 7pm, their baby was delivered stillborn.
The Court’s findings
The Court accepted our submissions and found that both the hospital and the obstetrician breached their professional duty of care. As a result, KS and XT were recognised as having suffered psychological injury due to the loss of their child.
The Court awarded substantial compensation to both parents, reflecting the severity and ongoing impact of their trauma. KS received $669,518 and XT was awarded $220,373, in addition to an allowance for legal costs.
Why this outcome matters
The case is a key victory in the ACT for those who have experienced birth trauma and families affected by preventable stillbirth and delayed treatment in the ACT. It confirms that healthcare providers must respond promptly to signs of foetal distress and that failures in monitoring and escalation will not be excused.
The case also demonstrates that Commins Hendriks is a leading firm in the ACT, NSW and VIC for birth trauma matters. We are passionate about women’s health and committed to fighting for justice for those who have suffered devastating loss at the hands of medical malpractice.
How we support families
We understand seeking legal advice can feel like a daunting process, particularly when also navigating grief and complex medical issues. But we are dedicated to helping clients through this process and providing support every step of the way, to help them get answers and justice for what they have gone through.
We work on a no-win, no-fee basis and cover all upfront costs, ensuring clients can pursue answers without financial pressure.
If you have experienced birth trauma it’s important to know you are not alone. Our experienced and passionate team of personal injury lawyers are here to advocate for you and provide expert legal advice, helping you to obtain compensation and assist with your recovery. Speak to our team today for a free confidential chat.