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Medical: Birth trauma claim.

By Bill Madden on May 7, 2025
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Nemes v South Eastern Sydney Local Health District [2025] NSWSC 418

NEGLIGENCE – professional negligence – medical negligence – where child has disabilities including infantile seizures and Global Developmental Delay – whether disabilities are a result of a failure to deliver the baby earlier – obstetric evidence – conclave of experts – Civil Liability Act 2002 (NSW) s 5O – where the defendant is a Local Health District – whether the defendant acted in accordance with widely accepted peer professional practice – whether the defendant breached its duty of care – where there are multiple experts with competing opinions – whether any alleged breach of duty of care during labour was causative of the child’s disabilities.

Judgment for the defendant.

Further details to follow.

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