At the birth of their first child, our clients suffered terrible complications during labour and delivery at a Western Sydney hospital. The baby was ultimately born via emergency caesarean section after a protracted labour but suffered severe hypoxic brain damage.
When it became clear that he would have very limited quality of life, his parents made the excruciatingly hard decision that he would not be resuscitated in the event of a serious deterioration in his condition. Their baby passed away at 18 days old.
When our client was admitted to hospital to give birth, she was 40 weeks and five days pregnant. Everything appeared to be progressing normally and the baby was thought to be in the ‘normal’ position for delivery.
Eventually, our client started the pushing stage. Monitoring of the baby led to some concern for the baby’s welfare and it was decided that the baby needed to be delivered urgently. It was decided that our client would be transferred to an operating theatre to try to deliver the baby by forceps. If this was not successful, then a caesarean section would be performed. However, our client recalls that nobody was moving fast or rushing; there was no sense of urgency at all.
It took about half an hour to transfer our client to the operating theatre and during this time the monitoring of the unborn baby was still concerning. A further examination of our client revealed that the baby was not in the ‘normal’ position and would need to be rotated to achieve a favourable position for delivery. This type of delivery (rotational forceps delivery) is more time-consuming and more difficult than a regular forceps delivery.
Rather than proceed with an emergency caesarean, the registrar in charge attempted the rotational forceps. It was the view of experts that this should never have been attempted by a registrar with limited experience in these circumstances. The forceps failed and the registrar requested assistance from the consultant obstetrician. The consultant requested ultrasonic assessment of the baby’s heart rate and at this point the decision was made to perform an emergency caesarean delivery on a ‘code critical’ basis.
Tragically, the baby was born with profound brain damage because of perinatal asphyxia, subsequently diagnosed as ‘hypoxic ischaemic encephalopathy’. Because of the extent of his brain damage the parents made the agonising decision to stop active medical management and their baby passed away at just 16 days old.
After a long battle trying to get answers from the hospital, the health service admitted liability for the baby’s death. The remaining issue in the case was whether his parents suffered ‘nervous shock’ because of the hospital’s negligence and, if so, what the quantum of damages should be. We helped our clients to resolve their claim for damages based on their ‘nervous shock’ or psychological injuries.
Our client said, “Our solicitor was so committed it was hard to believe her passion for being our advocate in circumstances where we had tried but were not able to get answers. Catherine Henry Lawyers were able to subpoena documents and act on our behalf. Their involvement reduced some of our stress and we were able to grieve and think clearly for the first time.”
If you or a loved one has experienced injuries as a result of a neonatal death or birth trauma, our caring, expert female lawyers can help advocate for you and seek justice. Please talk to us about the options available to you.
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As a joint parliamentary committee starts work to examine Australia’s family law system, a Newcastle and Hunter law firm has launched a new, free, e-resource to help people better navigate the system.
The team at Catherine Henry Lawyers has developed Families and the Law: A guide to help you navigate the family law system.
Head of family and relationship law at Catherine Henry Lawyers, Alan Wright, said the guide has been published to help people to navigate the legal system in the following areas of life:

separation
divorce
property settlement
de facto relationships
parenting arrangements
financial agreements and spousal maintenance
apprehended domestic violence orders
child support.

Mr Wright said the guide looks at the family law system and provides information and tips for individuals to protect themselves and their loved ones.
“Going through a family or relationship breakdown is one of life’s most traumatic events,” Mr Wright said.
“Knowing where you stand legally, right from the start, is important so that you can confidently start to make plans to move forward,” he said.
Principal, Catherine Henry, said that while her firm concurs with many other commentators who question the need for the parliamentary inquiry, hopefully it can be an opportunity to fix the broken family law system.
“The wide-ranging inquiry will examine issues such as apprehended violence orders and their role in family law proceedings, the truthfulness of evidence in family court proceedings, the structure of the court and legal costs faced by parties”.
“The terms of reference assume a merger between the Family Court and the Federal Circuit Court.”
Ms Henry said there had already been numerous inquiries and what the Government needs to do is to act and increase funding.
“The major problem facing the family law system is under-resourcing, particularly in regional areas,” Ms Henry said.
“People are waiting around 18 months to have matters heard,” she said.
“This inquiry has been announced despite the Government still not responding to an Australian Law Reform Commission (ALRC) review of the system, released in March.”
The ALRC review recommended sweeping changes, in 60 recommendations, including scrapping the current Family Court, and giving the states the power to judge such cases. Ms Henry said the scrapping of the Family Court has been rejected by the Government, which wants to merge the Family Court and Federal Circuit Court in a bid to ease delays.
A 2017 House of Representatives inquiry into a “better family law system to support and protect those affected by family violence” made 33 recommendations.
You can access the free guide here or by calling 4929 3995.
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Superannuation is often one of the biggest assets that a person has. Upon the breakdown of a marriage or partnership, an important consideration is how superannuation is dealt with in a property settlement.
The first step in a property settlement is to compile a list of assets & debts. In fact, the usual approach is to compile two lists. One pool comprises the non-super assets. The other pool comprises the super. This is because super is different to other assets, being there for retirement.
Ascertaining the value of super depends on the type of interest:

Accumulation interest: if the person has an accumulation interest in an industry or retail fund, then the value is usually obtained by them going online and getting an up to date figure.
Defined benefit: if they belong to a defined benefit fund (e.g. State Superannuation Scheme) then an application will need to be made to the fund to provide a valuation. It is important to note the figure (often figures) on the latest statement is not the family law value.
SMSF: if they have a SMSF then, depending on the assets held, the individual assets may need to be valued.

You always need to know the current value of the super. A court can divide the assets which exist at the date of the hearing. Sometimes a person will argue that the increase in value from separation to the current date is a contribution by them which needs to be considered in the division. In most cases, this increase in value is not going to result in a better outcome for the person with the super.
The second step in the property settlement involves working out the appropriate division of assets. One of the important considerations is the contributions that each party has made to the relationship. When it comes to working out the appropriate division of the super, this could include a consideration to the amount of super that each party brought to the relationship.
Can you trade off super and non-super?
Yes.
One person might want more of the non-super assets. They may have a modest income and a modest borrowing capacity. So, if they want to keep the house (or buy a house) they may need as much of the non-super assets as possible. If their partner has more super, there may be an agreement that there won’t be a super split to the person with the lesser amount of super, in return for them receiving more of the non-super assets.
Of course, the opposite can apply…a person might want to keep more of their super. Particularly if they are receiving a defined benefit pension. See the article “Separation and super splitting – a case study” for an example of a person taking less of the non-super assets in return for keeping more of their super.
This is an area where a financial planner can give advice to the person about what assets they should seek to receive in the property settlement.
How a super-splitting order works
If there is a super-splitting Order, then the following happens:

Prior to the making of the Order, the trustee of the fund needs to be given notice of the proposed Order to find out if it has any objections to it e.g. because the proposed split is greater than the person’s entitlement, or the wording of the proposed Order does not comply with the legislation.
Once the Order is made, it is served on the trustee, along with some other information about the person receiving the split. The trustee then implements the Order. This generally involves the split amount being transferred to a superannuation fund of the choice of the person receiving the split.

If you would like further advice on how superannuation is dealt with in a property settlement, please contact us on (02) 4929 3995.
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The first Melbourne hearing inquired into younger people in residential aged care, with a focus on impact, drivers and appropriateness of allocation policy as well as how to best support young people wishing to leave residential aged care. The Commission received 6,022 submissions from the public, of which about 10 per cent raised concerns about younger people living in aged care facilities.
The Commission heard that 42 young Australians enter aged care facilities every week, adding up to 2,000 young people per year.
The national Younger People Residential Aged Care action plan aims to support those under 45 by 2022, and those under 64 by 2025. Council assisting the Commission said the action plan relied too heavily on “market forces” and government intervention was needed. A Senate committee report in 2015 called for a database of younger Australians living in aged care to be compiled, but this has not yet happened.
This hearing shows the issues facing younger people inappropriately trapped in aged care, which also has implications for aged care staff and other residents.
In a fiery conclusion to evidence from the federal Health Department, Commissioner Lynelle Briggs, dubbed the current system a “national disgrace”.
Lisa’s story – young person with a disability
Lisa Corcoran, is 42. She went into an aged care facility aged 37. She gave evidence to the Commission about her struggle with living in aged care as a young person with a disability. She was accompanied by her speech pathologist, Jodie Chard, who translated on her behalf due to Ms Corcoran’s communication difficulties. She explained multiple occasions of fighting for basic rights for herself, including battling management to be able to have a shower every two days instead of once a week. She said she has been sexually assaulted, punched and pinched by staff.
She finds aged care services emotionally draining due to her condition and the nursing home’s inability to provide appropriate care to her.
“My number one goal is to get the f*** out of the nursing home,” she told the hearing!
“My number two goal is to hug my children. My number three goal is to communicate better.”
Luckily, she is about to move to supported accommodation and is currently counting down the days until she moves.
She believes that her daughters and grandchildren will visit more, because the supported accommodation won’t be as scary as the aged care home.
Caroline’s story – her husband had no alternative but aged care after a Stroke
Another witness, Catherine Roche, had to place her husband, Michael Burge, into a high care nursing home when he suffered a stroke in his 50s. There was nowhere else for Michael to go.
“In aged care, Michael spent most of his time in his small room as he was wheelchair-bound and could not really leave without help from someone. There, he had had any limited remaining independence and choice stripped from him,” Caroline told the Commission.
Michael died in November in 2017.
ABC TV 7.30 interview with BUPA CEO
Meanwhile, the problems within the aged care sector were also highlighted in an ABC TV 7.30 story last week.
The CEO of the largest private provider of aged care facilities, BUPA, apologised “unreservedly” for care failures across its network of 72 aged care facilities and pledged to fix problems in failing homes within months.
In an interview with 7.30’s Leigh Sales, Hisham El-Ansary said the ABC’s coverage of shocking incidences in Bupa facilities were “totally unacceptable”.
“We are capable of much better, and we are working very hard to restore confidence in the services that we deliver across 72 homes and 6,500 residents.”
Bupa is Australia’s biggest private aged care chain but an analysis of its accreditation reports shows more than 60 per cent of its homes are failing basic standards of care and 30 per cent are putting the health and safety of the elderly at “serious risk”.
Mr El-Ansary said in the interview that Bupa only considered 18 of its homes out of the 72 as “falling short of standards”.
But, Bupa received nearly half a billion dollars in government funding last year for its aged care facilities. And, the Minister for Aged Care Richard Colbeck revealed that his department had been meeting with Bupa management weekly to fix dozens of non-compliance issues across the provider’s properties.
This highlights our concerns that the Aged Care Act has meant that the aged care sector is dominated by for profit corporations at the expense of resident care and safety . The Act must be reviewed!
Next hearing
The next hearing will also be in Melbourne on October 7,8,9 and 11. It will focus on diversity in aged care including culturally and linguistically diverse people, LGBTI groups, Aboriginal and/or Torres Strait Islander people, care leavers, veterans, and the homeless or those at risk of homelessness.
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Self-Managed Super Funds (SMSFs) are on the rise! Both in numbers and in value of assets held. We make the following general points regarding self-managed super funds and property settlements.

Upon the breakdown of a marriage or partnership, there are the following options regarding self-managed super funds:

Both parties stay in the existing SMSF. This is unusual. And generally, not advisable. This could be with or without a splitting order from the member account of one party to the member account of the other party.
One party stays in the SMSF and the other party leaves. This is what usually happens. The leaving party usually sets up an account in an industry or retail fund, although they could establish their own SMSF.
Both parties leave the SMSF and it is wound up.

Let’s assume the following:

The members of the fund are the husband and wife.
There is a corporate trustee. The husband and wife are shareholders & directors.
The husband is staying in the SMSF. The wife is leaving.
The wife receives a super-split from the husband.

Once the court order is made, some of the matters that need to be attended to include:

The service of the Order on the trustees.
The wife providing the trustees with the notice pursuant to Regulation 72 of the Family Law (Superannuation) Regulations 2001.
The trustees giving a payment split notice both to the husband and wife.
The trustees giving the wife a written notice pursuant to Regulation 2.36C of the Superannuation Industry (Supervision) Regulations 1994 (“the SIS Regulations”).
If applicable, the wife makes the appropriate request pursuant to Division 7A.2 of the SIS Regulations.
The trustees give the appropriate written notices to the husband & wife pursuant to Division 7A.2 of the SIS Regulations.
The calculation and the transfer of the benefit to the wife’s new super fund.
The wife:

Resigns as a member.
Resigns as a Director of the trustee company.
Transfers to the husband her shareholding in the trustee company.

4. When an SMSF owns real estate (or other ‘lumpy’ assets) and little cash and/or shares, the real estate may need to be sold to allow each party to receive an appropriate share of the superannuation entitlement. This may trigger CGT.
5. An asset, e.g. an investment property, can be transferred from one SMSF to another SMSF. Capital gains tax rollover relief is available. Some public offer funds also accept rollover of particular assets.
6. Insurance and binding death benefit nominations need to be considered.
7. If you need any advice regarding self-managed super funds and property settlements or another family law matter, contact us on (02) 4929 3995.
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Upon the breakdown of a marriage or partnership, couples come to an agreement about how their superannuation will be split. Separation and super splitting give regard to various contributions and trade offs made throughout the course of the relationship.
This case study provides an example of how super can be split. Consider these facts:

The wife joined the State Superannuation Scheme (SSS) in 1979
The parties commenced living together in 1999
The parties separated in 2019
Both parties are retired
The wife receives an SSS pension payment of $4,300 per fortnight (pf). The family law value of her SSS entitlement is $1.7m.
The husband has no super.
The net non-superannuation assets total $2m

On these facts, regarding the separation and super splitting of the couple, the wife argues that as she has been in SSS for forty years, twenty years of which pre-date the relationship, she has made a greater contribution and therefore should receive a greater share of her SSS entitlement. The husband accepts this. After negotiations, they agree that the division of the wife’s super should be 57.5% to the wife and 42.5% to the husband. That means the husband getting a split of $722,500 (as he is unable to receive an SSS pension).
This arrangement will reduce the wife’s pension by 42.5%, from $4,300 pf to $2,472 pf. The wife wants some cash but also wants to preserve as much of her SSS pension as possible. As such, she decides to trade off $400,000 and receive $600,000 of the non-super assets (in lieu of $1m) in return for the super split to the husband being $322,500 (in lieu of $722,500). This is 18.97% of the value of her super, therefore her pension reduces to $3,484 pf.
It is agreed that an equal division of the non-super assets is appropriate. Therefore, $1m each.
If you need assistance on separation and super splitting, contact us on (02) 4929 3995
 
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This month’s ABC Four Corners program, Health Hazard, looked at how your postcode can determine the quality of healthcare you get. The day after, the Bureau of Health Information released its Healthcare Quarterly report for the period between April and June 2019.
Four Corners revealed concerning evidence about the standard of hospital care many Australians are receiving. It looked at four harrowing stories involving preventable deaths and severe injuries that occurred to patients in rural and regional hospitals. It rightly pointed out that hospitals are supposed to be a place of care where patients are treated by highly trained staff well versed in dealing with emergencies and a vast range of illnesses. But not every hospital is delivering first class care. Medical staff told the program that it’s time to speak out about a series of catastrophic incidents where patients have died or been permanently disabled.
The further a patient is from a major city hospital, the higher the rates are for preventable deaths. The more Australians embarking on sea or tree changes the greater the strain on the hospital system, leaving medical staff struggling to cope. Those left with lifelong disabilities as a result of medical mistakes struggle to rebuild their lives.
Healthcare Quarterly data
Healthcare Quarterly is a series of regular reports that track activity and performance for emergency department (ED), elective surgery, admitted patient and ambulance services in NSW.
The report shows, compared with the same quarter last year:

About seven in 10 ED (71.8%) patients were treated within clinically recommended time frames, down 4.8 percentage points.
Seven in 10 patients (70.6%) spent four hours or less in the ED, down 3.4 percentage points.
Almost nine in 10 patients (87.6%) who arrived by ambulance had their care transferred to ED staff within 30 minutes, down 4.0 percentage points.

Emergency departments were once again busier than they were in the same quarter a year ago, with more presentations overall and more patients arriving by ambulance. A typical patient in NSW will have waited longer for their treatment to start and spent more time overall in the emergency department. However, there is considerable variation in performance when you look at the results for individual hospitals.
In the Hunter and New England Local Health District (for hospitals in areas including, Newcastle, Tamworth and Taree), hospital emergency departments saw 106,923 patients from April to June, 2019 – up 5.2 per cent from the same time last year.
Garling Report
Related to this is the current review by NSW Health of 10 years post Garling Report into regional hospitals being conducted presently. The ‘Final Report of the Special Commission of Inquiry into Acute Care Services in NSW Public Hospitals’ (the ‘Garling Report’) was released in 2008 and presented various recommendations to the New South Wales Government.
As hospitals were understaffed at the time, and training was deemed insufficient, the recommendations aimed at improving patient care and treatment by focusing on hospital staff and implementation of new training and best practice guidelines. However, there is still concern, particularly with respect to smaller regional hospitals, that these recommendations have not led to any significant improvement in the level of care and treatment which is being provided. (Read more on the Garling Report in our blog, here.)
At Catherine Henry Lawyers, we have represented many clients who have claimed medical negligence damages for personal injury and death as the result of inadequate care and treatment received at regional hospitals. The root causes of these failures were that these hospitals were under-staffed, under-resourced and/or the staff did not have the requisite training and experience to provide necessary acute care and treatment.
Better regulation and data needed
While these stories are shocking and governments, health services, medical practitioners and the community must work together to prevent them from happening again, the reality is mistakes will happen. A poor incident or outcome for a patient does not mean that we need to write off a hospital or health service.
It is imperative that the Australian and NSW governments make the necessary legislative and funding reforms in relation to our acute care hospitals. Urgent action is required to ensure that the acute care and treatment provided by regional hospitals is both timely and competent, ultimately avoiding preventable injuries and deaths. This includes work to attract and retain appropriate medical workforces to regional areas including medical schools in regional universities such as the one at the University of Newcastle.
What we particularly need is better regulation. To assist with this – and to alert not only governments, but communities, to systemic issues – is better, publicly available data.
The post Does your postcode affect your quality of healthcare? appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Parenting through separation can be stressful for both you and your children. As family lawyers, we see how damaging a separation can be on a child.
This month, I attended a seminar on putting children first. It was run by the Australian Institute of Family Studies, Child Family Community Australia for practitioners and others who work with families. In the seminar, it was highlighted that the focus should be on the children, their well-being and development, rather than yourself or the other parent.
Evidence suggests that children learn from the behaviours of others around them, particularly parents. Because of this, you should try to avoid judgement and model positive behaviour for your children. Think about parenting in a positive light, the joy and importance, and less about how hard it can be (though it may be helpful for you to seek the assistance of a trained professional to work through these difficulties). This will be more beneficial to supporting your children through a separation and minimise any resentment you may have towards the other parent and parenting in general.
The Australian Institute of Family Studies’ CFCA Information Exchange, National Association for Prevention of Child Abuse and Neglect, and the Parenting Research Centre have prepared a toolkit to help shift the way we talk about parenting. While the toolkit is aimed at people who work with families, it could have a broader reach. It may be useful for anyone who is looking at different approaches to talking about parenting with friends and family, and in front of children. A copy of the toolkit can be accessed here.
There are many other resources to help you navigate parenting through separation. For example, there are a number of programs run by Interrelate, Relationships Australia, and dedicated phone support such as Parent Line. Your lawyer can assist by representing your interests throughout the process to lessen the stress and impact of a separation on all parties.
If you need assistance with parenting matters or a separation, our experienced team are here to help. Contact us today to arrange an appointment.
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We acted for a patient from Northern NSW who suffered numerous injuries connected to the use of pelvic mesh.
After having four children, our client developed pelvic organ prolapse and urinary incontinence. She consulted a NSW gynaecologist who advised that a Tissue Fixation System (TFS), involving the placement of mesh slings and anchors into her pelvic cavity, would improve her condition. He described the surgery as being ‘minimally invasive and anatomically restorative’.
The surgery, which was meant to be one hour with an overnight stay, turned into a five-hour ordeal and a five day stay in hospital. Our client started experiencing problems straight away, including terrible night sweats, insomnia, pain in her pelvis and shooting pains down her legs.
Despite these unfortunate consequences, three months after the surgery the gynaecologist described the results as ‘absolutely exceptional’, ‘symptom-free’ and that any abnormalities were unrelated to the surgery. Unsatisfied with this response, and concerned with the development of a painful lump, our client sought a second opinion from another gynaecologist. After being assessed, she was told that the mesh tapes had migrated and that it was the ‘worst case of TFS complications’ he had ever seen.
Even after having removal surgery with another gynaecologist, our client was left with serious complications including pain, bedwetting, night sweats, ongoing auto immune system symptoms such as coughs, colds, lethargy, bulging and bloating in the stomach, inability to exercise, nocturia and psychological symptoms of apparent depression and anxiety.
The complaints made by our client against the gynaecologist included that the TFS system was a novel procedure with little clinical evidence in support, the doctor had a personal and financial incentive in advancing the use of the TFS system, and his licence was subject to a condition requiring him to be supervised by another doctor in performing the type of operation that he performed on our client. Of course, she knew nothing of this until after the surgery. Our client was also among the category of women for whom the mesh was not recommended.
We helped our client to resolve a claim for damages against the gynaecologist.
The gynaecologist, although now retired, has now been disqualified from seeking registration as a medical practitioner for five years.
If you or a loved one has experienced complications resulting from insertion of vaginal mesh (particularly TFS) our caring, expert female lawyers can help advocate for you and seek justice. Please talk to us about the options available to you.
The post Pelvic mesh patient’s pain was immediate | Our Client’s Story appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

We acted for a 70-year-old man from Northern NSW who suffered significant injury to his right knee, following a bilateral total knee replacement procedure (TKR).
Our client underwent a TKR in both his left and right knees, during which his kneecaps were not resurfaced.
Not long after his knee replacement surgery, he experienced problems with both knees and sought medical advice from his treating orthopaedic surgeon.
He accepted the surgeon’s recommendation to undergo a resurfacing procedure, which involves cementing a plastic patella “button” onto the kneecap. A few months later whilst on holiday, he experienced a cracking sensation, felt a “pop” in his right knee and began experiencing significant discomfort and swelling. He was forced to cut his holiday short. This was later determined to have been caused by the patella button being torn from his kneecap.
The dislodged patella button was eventually removed by another surgeon, but our client has suffered significant pain and reduced motion in his right knee ever since. This injury has seriously impacted our client’s ability to function and enjoy his retirement. He now finds it difficult to undertake his share of the house and property maintenance (which was previously significant as he lives on a farm with his wife).
He is no longer able to drive for more than two hours and has had to sell his caravan, which he previously took on holidays with his wife. He has lost the capacity to enjoy most of his previous leisure activities and has lost enjoyment and amenity of life.
Medical evidence confirmed that our client was unable to undergo any further revision surgery due to the level of deterioration in his knee. His injuries can therefore only be managed through occupational therapy and medication and he has been advised that he will never see any major improvements in his knee.
We commenced legal proceedings against the surgeon who was alleged to have negligently performed the resurfacing procedure. We were able to achieve a successful outcome for our client, who received a considerable lump sum settlement.
Our client said he was very satisfied with the positive outcome and the way he was treated by the team at Catherine Henry Lawyers.
If you or a loved one has experienced poor treatment from a health care practitioner, our professional health law team can help advocate for you and seek justice. Please talk to us about the options available to you.
*Contribution to this article was made by CHL paralegal Nick Audet.
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We sought damages for our client in a case brought in the Supreme Court of NSW for serious injury as a result of improper sepsis treatment.
Our client had been feeling very unwell for two days with fever, a bad headache, vomiting and generalised achiness. She presented to hospital and underwent a blood test, the results of which were consistent with a serious bacterial infection. A nurse identified that she may be suffering from sepsis. However, the hospital’s sepsis pathway, which required IV antibiotics to be given to our client within one hour of her admission, was not followed. Instead, a diagnosis of gastritis or gastroenteritis was made, and our client was discharged without any further treatment.
The experts we engaged in this matter found that our client was actually suffering acute bacterial infection of the bloodstream at the time of discharge and was at high risk of harm, including death, in the event her condition remained undiagnosed and in the event she was not promptly administered antibiotics.
Over the next several hours, our client became increasingly unwell and eventually telephoned for an ambulance. She was conveyed back to the same hospital and admitted. Again, a nurse correctly identified that our client may be suffering from sepsis. However, IV antibiotics were not administered for a further three-and-a-half hours after her admission.
By the time IV antibiotics were finally administered, our client had gone into septic shock and experienced multiorgan failure. She was placed in an induced coma and admitted to the intensive care unit. In order to try to raise her extremely low blood pressure, high doses of inotropic medication in the form of noradrenaline and vasopressin were administered.
Our client’s injuries and disabilities
As a result of her severe illness, septic shock and multi-organ failure, and the need for our client to be administered inotropic medication, she suffered extensive injuries and disabilities including hypoxic respiratory failure, kidney failure, partial amputation of several of her fingers and toes, loss of tissue on the sole of her foot, nerve damage, neuropathic pain, scarring, muscle wasting and psychiatric injury. Our client spent many months in hospital and then in rehabilitation recovering from her injuries.
Investigation and litigation
We successfully obtained expert evidence to support our client’s case that the hospital should have admitted our client upon her first presentation and treated her for serious bacterial infection. Our experts also took the view that the hospital should have commenced our client on IV antibiotics within an hour of her second admission. If either of both steps had been taken, our client would have most likely avoided the injuries and disabilities she went on to suffer.
We sought damages for our client for past medical expenses, future treatment, loss of income, personal care and domestic assistance, pain and suffering and occupational therapy aids and equipment. We were able to successfully negotiate a resolution to the case for a large sum for our client.
If you or a loved one has experienced improper treatment from a health care practitioner, our expert lawyers can help advocate for you and seek justice. Please talk to us about the options available.
More about Sepsis
Do you know the warning signs of deadly sepsis?
What is sepsis and how can it be treated?
 
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When our clients’ 87-year-old mother was admitted to an aged care home in the Hunter region, they had no idea that in just four short months she would suffer injury and death.
Serious injury without adequate treatment
Just two days after moving into the aged care facility in the Newcastle area, the 87-year-old mother fell from a chair and landed on the ground. After the fall she experienced severe pain, for which staff administered Panadol and Endone. No further investigations were carried out at the time.
Four days after the fall, our clients’ mother was diagnosed with a urinary tract infection. Despite her excruciating pain, and pleadings from her daughter, she was not sent to a local hospital for treatment until after another fall a week later. A CT scan of her pelvis revealed a T-12 crush fracture. Their mother had been sitting on a fractured vertebra for eight days.
Our client’s mother was discharged from the hospital after 11 days and returned to the aged care facility. However, she was now unable to walk and developed bedsores (pressure ulcers) on her heels, her ankles, her elbows, and buttocks.
Management of bedsores
The pressure injury was inadequately managed and deteriorated into infection. The following month, our clients’ mother passed away as a result of sepsis, caused by her body’s response to that infection.
The staff did not tell the family about the bedsores. Her daughter only found out about this when she saw the records after her mother had died.
Complaint to the Aged Care Complaints Commission
The family went to the Aged Care Complaints Commission. Ten months later the Commission found that the home did not regularly liaise with their mother’s GP; had not sought a wound specialist review and had left wound care to be mainly completed by untrained carers. But the Commission closed the case. No further action was taken. It did not visit the nursing home for its investigation nor refer its report to the Quality Agency. Three months later the Agency extended the facility’s accreditation by nine months for sustained compliance with the standards.
The family were shocked by the lack of accountability afforded to the facility after they failed to observe a reasonable standard of care. They did not want what happened to their loved one to happen to anyone else.
Our expert elder law team helped the family to sue the facility for professional negligence. On their decision to litigate, the family stated that it is the only way in Australia to have these places accountable.
A lack of appropriate care
Our health lawyers argued that the aged care facility was negligent and had breached its duty of care to the deceased and her children. Our health law team successfully negotiated a substantial out-of-court settlement outcome for our clients.
Staff at the aged care home knew, or ought to have known, the risk of serious injury or death in the presence of the signs and symptoms with which the deceased presented over the course of several weeks.
Staff were also negligent in not identifying and treating the deceased’s injuries and mitigating the risk of bedsores and infection by failing to facilitate the necessary hospital admissions, physiotherapy and rehabilitation.
As a result of the aged care facility’s negligence, our clients not only lost their mother, but also suffered psychological injury, loss and damage which has left them incapable of resuming their former lives.
Aged care in Australia: ineffective regulation
Aged care services are funded and regulated under the Aged Care Act 1997 (Cth). Since its introduction by the Howard government in 1997, the regulatory system is weighted in favour of providers and large ‘for-profit’ health care groups. It is legislation written for aged care providers by aged care providers.
Australia’s regulatory aged care framework fails to protect the human rights of some of the most vulnerable in our society. For example, the Oakden Report, Australian Law Reform Commission Report 131 and others bear this out. The Aged Care Royal Commission has heard many revelations of mistreatment occurring in residential aged care facilities.
Very few complaints about the provision of substandard aged care result in sanctions or disciplinary action. Complaints about aged care are often managed either internally or externally with a view to conciliation or making the problem go away.
Role of court action
A legal action in negligence is a valuable tool in the struggle for justice to protect some of Australia’s most vulnerable, frail and aged citizens as it sets and upholds an appropriate standard of care.
Litigation is more than a compensatory regime as it can also be an empowering medium for residents of aged care and their families who have suffered insult, injury, humiliation, distress and a loss of dignity or had their life unnecessarily shortened in aged care.
The harm suffered by an aged person injured due to negligence should be acknowledged and apologised for. Bringing an action in professional negligence allowed our clients to call the harm-causing defendants to account.
How can we help?
It is vital that aged care facilities take seriously the circumstances of each patient and the safety of their residents in order to avoid tragic outcomes.
If you have a loved one in an aged care facility who you believe is not receiving adequate care, we can help advocate for you. If a loved one has been injured or has died in an aged care facility – and you believe the injury or death could have been avoided or was a result of negligent care – talk to us about the options available to you.
*Contribution to this article was made by CHL Legal Content Writer, Rebecca Ward.
The post Aged Care Home Death | Our Client’s Story appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Our client’s 73-year-old mother tragically passed away as a result of an undiagnosed bowel obstruction. After presenting to hospital three times in two weeks, our client’s mother was finally admitted to hospital, where she died suddenly and unexpectedly.
Staff at a small regional hospital in the Hunter Valley failed to properly investigate and order appropriate tests (including radiology and blood tests) despite worsening signs and symptoms.
The manner of her mother’s death, especially the fact that it was preventable with reasonable care and treatment, caused our client to suffer a significant psychiatric injury.
We assisted our client to bring a claim in negligence, alleging that various hospital staff and medical officers breached their duty of care. We achieved a favourable settlement for our client, who received considerable compensation for her injuries and disabilities.
A tragic chain of events
The deceased presented to hospital three times in two weeks with increasing nausea, vomiting and abdominal pain. Sadly, on the first two occasions, she was given painkillers and sent home.
After two weeks suffering with her signs and symptoms increasing, our client’s mother was finally admitted to hospital. By this time, she had decreased mobility, minimal tolerance for diet/fluids, nausea and diarrhoea. She was incorrectly diagnosed with simple malnutrition, treated with a saline drip and given analgesia for her abdominal pain.
Just two days later, she was found dead on the floor beside her hospital bed. An autopsy revealed the cause of her death as acute peritonitis, volvulus and infarct of the ilium. In essence, she died of an undiagnosed and untreated bowel obstruction.
Resulting trauma and consequences
As a result of her mother’s sudden and tragic death, our client’s life will never be the same. She developed a psychiatric injury and disabilities which are ongoing, and which have irreversibly impacted our client’s enjoyment and amenity of life. Our client now experiences great difficulty in finding and maintaining employment.
Our client also experienced great physical and financial upheaval because she had to re-locate from Melbourne to the Hunter Valley to care for her sick father after her mother’s sudden death. She left her community in Melbourne and her beloved job which resulted in social withdrawal and loss of income.
Damages for medical negligence
The case was ultimately settled out of court. Our client hopes her case will serve as a warning to others – if you have any concerns regarding the medical advice you are given, seek a second opinion.
A systemic problem?
This tragic story begs the question: are small regional hospitals with emergency departments sufficiently equipped to deal with medical emergencies?
All too often it seems regional Australian hospitals are under-resourced and under-staffed in terms of their capacity to care for emergency patients. This raises doubt as to whether several recommendations in the Garling Report (2008), have fallen on deaf ears. It is unfair to patients, their families, and the medical staff who also must bear the burden of an under-resourced system.
It is essential that adequate funding is allocated to small regional hospitals, to ensure that patients receive competent acute care and treatment.
ABC’s Four Corners episode, Health Hazard, investigates how your postcode can determine the quality of the hospital care you get.
*Contributions to this article were made by CHL Paralegals Elise Jensen and Nick Audet.
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The ‘Final Report of the Special Commission of Inquiry into Acute Care Services in NSW Public Hospitals’ (the ‘Garling Report’) was released in 2008 and presented various recommendations to the New South Wales Government.
As hospitals were understaffed at the time, and training was deemed insufficient, the recommendations aimed at improving patient care and treatment by focusing on hospital staff and implementation of new training and best practice guidelines. However, there is still concern, particularly with respect to smaller regional hospitals, that these recommendations have not led to any significant improvement in the level of care and treatment which is being provided.
Despite the subsequent implementation of various policy frameworks and training platforms across NSW – such as the 2012 ‘Between the Flags’ system [which included the Clinical Emergency Response System (CERS)] – big question marks remain over the numbers of staff, and the level of staff training and experience, in smaller regional hospitals with emergency departments.
Garling Report findings for rural hospitals
Chapter Six, Volume One of the Garling Report includes numerous findings in relation to rural hospitals. These include the following:

A major lack of staffing across all levels, including GPs, specialists, anaesthetists, nurses and midwives. Exacerbating factors include very slow replacement of staff and an ageing workforce.
Recruitment and retention of staff are both low.
Inability to retain permanent specialist staff has led to a reliance on fly-in/fly-out specialists, at great cost.
There is a flow-on effect from the lack of clinical nurse educators, making it harder to recruit and train nurses. Second/third year RNs are often the most senior nurse on a shift.
There is a lack of staff in training programs, and little support from government and colleges for increasing training.
The lack of staff/facilities is especially pronounced for mental health services in rural areas.
There are significant issues with transport, both with regards to rural patients getting to metropolitan/regional hospitals for specialist treatment, and with the trip home, which seemingly has no consistent system in place. 

Recommendations proposed to improve services provided by rural hospitals (2008)
The Garling Report put forth several recommendations including:

Recommendation 12: NSW Health should take immediate steps to enhance the supply of a skilled workforce of clinicians to rural areas by ways which include, at least:

(a) Giving consideration to whether there is an available process by which there ought be made compulsory a rural training term for employed junior medical officers in their second and third year of employment with NSW Health, including reviewing which hospitals have the capacity to accept such trainees and what other steps are necessary to ensure the adequacy of the training of such junior medical officers undertaking a rural term.
(b) Reviewing the existence of and developing, as required, employment packages with features which would attract and retain skilled staff to work in rural communities. This may include developing formalised partnership structures between metropolitan hospitals and rural hospitals which facilitate the transition of clinicians between the hospitals.
(c) Developing education facilities and programs which ensure that clinicians working in the rural and remote areas of NSW are provided with adequate education and training.

Recommendation 13: NSW Health should seek an amendment to the Mental Health Act 2007 to permit suitable remote facilities, specified in regulations to the Act, to operate safe assessment rooms for mental health patients on the basis that three hourly review of the patient may be undertaken by a senior nurse or psychiatrist over a video link.
Recommendation 14: NSW Health should address the transport problems associated with providing care for rural patients including:

(a) Abolishing the personal contribution and administration charge for all qualifying IPTAAS claims;
(b) that there is a need to create a non-urgent transport service to be responsible for the return transport of patients from metropolitan or rural hospitals to either their hospital of origin or alternatively to their homes, depending upon their clinical condition.
Current state of rural hospitals and conclusions
Although numerous recommendations were made in the Garling Report, it is uncertain whether they have had any real impact on the quality of care provided by smaller regional hospitals.
Many local healthcare employees have commented on the current issues in their industry.
In a recent survey of 2,500 nurses and midwives working in the public sector across NSW, 70% said they had ‘seriously thought’ about leaving the profession. 
Brett Holmes, general secretary of the NSW Nurses and Midwives’ Association, comments that almost all these nurses and midwives cited ‘workloads’ and ‘inadequate staffing levels’ as the cause.
At Catherine Henry Lawyers, we have represented many clients who have claimed damages for personal injury and death as the result of inadequate care and treatment received at regional hospitals. The root causes of these failures were that these hospitals were under-staffed, under-resourced and/or the staff did not have the requisite training and experience to provide necessary acute care and treatment.
For example, we were recently involved in a case where our client’s mother tragically passed away as a result of a serious medical condition which went undiagnosed and untreated until it was too late.
It is imperative that the Australian and NSW governments make the necessary legislative and funding reforms in relation to our acute care hospital. Urgent action is required to ensure that the acute care and treatment provided by regional hospitals is both timely and competent, ultimately avoiding preventable injuries and deaths.
ABC’s Four Corners episode, Health Hazard, investigates how your postcode can determine the quality of the hospital care you get.
*Contributions to this article were made by CHL Paralegals Elise Jensen and Nick Audet.
The post The current position, post-Garling Report appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

We have represented hundreds of people who have successfully obtained lump sum compensation for personal injuries and disabilities caused by negligence. In our experience, we often find that people do not realise the extent to which their social media presence / activity can negatively impact compensation claims.
We routinely advise our clients that it is wise to exercise caution whenever using social media, especially when litigating claims for compensation (personal injury).
Posting of certain information can be misconceived, misconstrued or misinterpreted – and there is no legal barrier stopping that information from being used against you in court. Even if it does not form part of the evidence in court, posting of certain information may colour a defendant insurer’s impression about whether you may be exaggerating the true nature and extent of your injuries and disabilities. In turn, this can negatively influence the chances of reaching settlement and / or the amount of any settlement offer.
We have found that ceasing, or limiting, activity on social media is even more important when psychological injury / mental harm is claimed, because it may be more than your photos and locations which conflict with your claim (e.g. your word-posts, your apparent mood, and your apparent outlook). The frequency of posts, or total average time spent on social media, may also conflict with expert evidence regarding your injuries and disabilities, depending on the circumstances of your claim.
We recognise social media posts can often be taken out of context and that it is unfair to suggest that injured people cannot have their “good” days and “bad” days. In fact, courts expect that claimants should always try to mitigate their own losses by attempting to re-join the workforce, or by trying to get back into social and recreational activities, etc (if they are able).
We would like to give the following general advice and to illustrate some of the social media pitfalls which may hinder the success of compensation claims:

the best way to avoid online information being taken out of context is to temporarily cease activity, or to quit social media altogether (until your compensation claim is resolved);
remember that it is not just your active posts and uploads which can be seen. In terms of your passive presence on social media, you may also be innocently tagged in photos and checked-in at locations by your friends and other users. Likewise, tell your friends not to tag you in any photos, or check you in at locations;
even if you are having the odd “good” day (e.g. prescription medications are masking the worst of your everyday symptoms), never post photos of yourself doing things which you have claimed you are unable to do;
never share any information about any legal or medical advice given to you and never share information about the process, or progress, of litigation;

never post, or share status updates regarding your recovery, your mood, or your outlook. It is natural to try to project a positive outlook which may suggest that you are doing better than you actually are – and this is often taken out of context;
depending on the nature of your claim, even using social media often, or for long periods, can contradict the nature and extent of your injuries and disabilities.

There is no evidence to suggest that instant / direct messaging applications are safe or private and these should be treated with the same level of caution as social media profiles and pages.

 
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The parents and grandmother of a child instructed us in a claim for negligence for mental harm caused by the mismanagement of vaginal breech birth which resulted in the neonatal death of their baby at just seven days old.
The parents had planned to have their baby at a nearby hospital on the NSW mid north coast. Late in the pregnancy it became apparent that the baby was in a breech position. They were told that the local hospital they had chosen was not equipped to deal with a breech baby for a first-time mother and were referred to the John Hunter Hospital in Newcastle for advice.
The mother was advised that she could attempt a vaginal delivery at John Hunter Hospital, but she would need to be in Newcastle for some weeks prior to the birth. This was not possible due to work and other commitments. Instead, the parents decided to go ahead with a caesarean section birth at their local hospital – the safest means of delivery given that the baby was in the breech position.
The mother consulted an obstetrician in her local town to organise the planned caesarean section. She was advised by the obstetrician that he could oversee a vaginal breech birth and did not see the necessity for a caesarean section. At a subsequent attendance, the obstetrician recommended that any trial vaginal breech birth not exceed four hours.
A traumatic birth
The parents attended the labour ward at 8:00am and the mother’s waters were broken at 9:30am. Between 1:50pm and 3:25pm the cardiotocography (CTG) became concerning, then pathological. There was a consistent pattern of decelerations which were not typical. By this time the mother was very distressed.
The expert engaged by us was of the view that the labour was mismanaged. Specifically, the CTG indicated that the baby was likely to be hypoxic and acidaemic. With delivery not imminent and the CTG becoming distinctly worse, delivery by urgent caesarean section was indicated. There was a strong indication to discontinue the Syntocinon infusion and notify the obstetrician to arrange for an urgent caesarean section. Unfortunately, this did not occur until later and the baby was born at 3:47pm by emergency caesarean section.
At 5.50pm, it was noted that the baby had unresponsive pupils, increased tone and seizure-like movements. The child and mother were transferred by air to John Hunter Hospital, where the baby was treated in the neonatal intensive care unit (NICU). An MRI on 23 January 2014 showed an ischaemic injury to the brain’s basal ganglia – stage 3 hypoxic brain injury. The baby subsequently developed a pulmonary haemorrhage and died at seven days of age. An autopsy revealed hypoxic ischaemic encephalopathy.
Seeking damages
Our clients endured a severely traumatic event culminating in the death of their baby. They were left with psychological injuries and the consequences continued to impact them and cause daily suffering. We were able to help our clients successfully resolve their claim.
If you or a loved one has experienced injuries as a result of a neonatal death or birth trauma, our caring, expert female lawyers can advocate for you and help you to explore the possibility of a negligence claim and to seek justice. Please talk to us about the options available to you.
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The 11th Obstetric Malpractice Conference was hosted in Melbourne on 22 and 23 August 2019. Guest speakers included various obstetric experts and lawyers who practice in the area of medical negligence. Topics were wide ranging and informative.
An update on the clinical conundrum of best practice for women with decreased fetal movements in the context of stillbirth
Honorary Professor Vicky Flenady from the Mater Research Institute UQ, Faculty of Medicine gave an insightful presentation on the “clinical conundrum of best practice for women with decreased foetal movements in the context of stillbirth”.
Interestingly, Ms Flenady suggests that most women who experience decreased fetal movement will deliver a healthy newborn. 7/1000 births per year in Australia result in stillbirth. Historically, pregnant women were encouraged to count the number of fetal movements per 24 hours and keep a “kick chart”, charting the number of movements during a specified period of the day. According to Ms Flenady, there is now widespread agreement that there is no evidence that “kick counting” is helpful or predictive of stillbirth.
Therefore, it is now thought that “kick charts” should no longer be “standard practice” in respect of ante-natal care. In addition, Ms Flenady indicated that the Decreased Fetal Movement Guidelines in Australia and New Zealand are currently under review. Current thought is to focus on closer monitoring from 28 weeks onwards and to enter discussions with mothers regarding birthing from 39 weeks onwards.
Information was also presented that decreased fetal movement detected in women aged 35 years and above at 37 to 38 weeks, benefit from induction and delivery rather than progressing to term. Conversely, the accepted standard of care for women under 35 years of age is to monitor and wherever possible, to progress to 39 to 40 weeks.
Recent Australian developments
A recent initiative ‘My Baby’s Movements’ (MBM) trial app was developed by the Mater Research Institute – The University of Queensland, by researchers, obstetricians, midwives and pregnant women. The trial involved 26 hospitals with 260,000 women participating. A mobile phone app was provided to participants at 27-28 weeks of gestation. The app prompted participants in respect of fetal movements as a support for pregnant women regarding foetal movement. The results will be published in 2020.
Recent UK developments
A 2018 trial in the UK ‘AFFIRM’ was initiated (like MBM) to raise awareness about the importance of foetal movements among pregnant women and to explore how to reduce the number of stillbirths in the UK. AFFIRM introduced a package of care when women presented to their ante natal clinic with a history of reduced foetal movements. According to the UK Royal College of Midwives “…the package of care did not lead to a statistically significant reduction in the number of stillbirths and led to a significant increase in medical interventions including induction of labour and caesarean section.”
As Ms Flenady discussed, the AFFIRM trial suggests that a reliance on reduced foetal movements alone will not lead to reduction of stillbirths. There remains consensus that decreased foetal movement is linked to stillbirth and that nearing the end of pregnancy the risks are higher. Counselling and support toward the end of pregnancy (from 32 weeks according to Ms Flenady) is essential. It is important to remember that all pregnant women should become familiar with their baby’s movements and always contact their health professional if they notice any change or reduction in movement or if they feel concerned.
Pre-eclampsia screening, treatment and long-term implications
Dr Amanda Henry, Senior Lecturer, School of Women’s and Children’s Health, UNSW Medicine, Clinical Academic Obstetrician, St George Hospital Sydney, Senior Research Fellow, Global Women’s Health Program, The George Institute for Global Health – presented a paper on “Pre-eclampsia screening, treatment and long-term implications” at the Obstetric Malpractice Conference.
According to Dr Henry 30,000 pregnancies per year are affected by pregnancy induced hypertension (high blood pressure) in Australia. Pre-eclampsia is high blood pressure during the second half of pregnancy and one or more other symptoms e.g. protein in the urine; headache; oedema (puffiness) of the feet. Gestational hypertension is common in pregnancy and at least half of women have no symptoms of pre-eclampsia, especially in the early stages.
According to Dr Henry, “pre-eclampsia is one of the top five direct causes of maternal death globally.” Further, Dr Henry articulated certain risk factors including but not limited to the following factors which increase the likelihood of a pregnant women developing pre-eclampsia.

History (15-50% recurrence);
Genetic factors – relative had pre-eclampsia;
Immunological factors;
First pregnancy;
First pregnancy with new partner;
Assisted reproductive technology, especially donor gametes;
Cardiovascular risk factors;
High body mass index (>30);
Diabetes;
Pre-pregnancy hypertension; and
Multiple pregnancy.

Can pre-eclampsia be prevented
According to Dr Henry, “aspirin in high-risk women may decrease early preterm (<34 weeks) pre-eclampsia by as much as 80%. However, does not prevent term pre-eclampsia, which is more common and will most likely not assist women who have chronic hypertension. Prevention begins with risk-factor screening for pre-eclampsia and treatment with aspirin for those at high risk and who qualify for aspirin treatment (<16 weeks and definitely <20 weeks). In addition to treatment with aspirin where prescribed, pregnant women should be encouraged to undertake regular exercise to maintain a healthy weight which also assists in maintaining a healthy blood pressure. In addition, it is important to monitor and establish a system for follow-up by GPs, midwives and ante natal clinics so that early detection and treatment where required, decreases the risks of developing pre-eclampsia and any potential ongoing health concerns associated with pre-eclampsia. Also discussed were recent state reviews of assisted reproduction and surrogacy legislation regulation in rapidly changing environment. You can read more about that here. The post Obstetric Malpractice Conference appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

In recent decades, maternity health policy in Australia has promoted vaginal delivery and prioritised reducing the rates of delivery by caesarean section.
In NSW, the maternity health policy, Towards Normal Birth in NSW was developed in 2010 in response to the Mothers and Babies Report 2006 which revealed that both elective and emergency caesarean section operations in NSW hospitals had increased by about 10%.
And whilst it makes sense to reduce the risks to women posed by having unnecessary caesarean section deliveries, including life-threatening complications such as haemorrhage or pulmonary embolism, there also needs to be a focus on avoiding the life-altering injuries that can be sustained during a traumatic vaginal birth.
With increasing maternal ages and one in five expectant mothers now obese and another quarter overweight, Australia has a large portion of expectant mothers with high risk factors for injury during vaginal birth.
This is because as women age, the muscles and ligaments become less malleable, meaning that it is harder to stretch the birth canal. In addition, older mothers are more likely to deliver their babies later, meaning the babies are larger and harder to deliver. Obesity and lack of general fitness and flexibility also hinders the birthing process.
Forceps delivery, for example, is likely to double the risk of injuries such as urinary and faecal incontinence that can be sustained during a vaginal delivery. This is especially so if an episiotomy is not performed with the forceps delivery. Other complications that can occur during traumatic vaginal deliveries are deep tears to the vaginal wall and the perineum (the area between the anus and the vagina) and damage to ligaments and muscles in the pelvic region that lead to ongoing disability and pain. Unsurprisingly, physical injuries that prevent women engaging in sexual activity contribute to the breakdown of relationships.
If the rate of complaints and negligence cases brought against doctors and hospitals is any indication, it seems that an ever-increasing number of women are no longer willing to accept that the injuries they sustained during a vaginal delivery are a natural and inevitable result of the birthing process.
Right now, only women having caesarean sections need to sign consent forms. However, the question is whether doctors should also have the legal obligation to explain the risks of a vaginal delivery, particularly to those at high risk of injury, and whether women should be given more autonomy in deciding how they will deliver their babies. Really importantly, these discussions should be taking place much earlier and certainly before the situation has become an emergency.
Indeed, amongst the dozen or so maternal birth trauma cases seen by this firm, the lack of information and choice that these women were given during the birthing process was an important issue for all of them.
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One of the challenging issues in the area of obstetrics, from a regulatory and ethical perspective, is surrogacy. In Australia, surrogacy is legal in all states and territories for altruistic purposes. It is prohibited, however, for commercial purposes. Altruistic surrogacy is an agreement where the surrogate does not receive compensation for the pregnancy. It is usual for a surrogate’s medical and associated pregnancy care to be paid for. In contrast, commercial surrogacy is an arrangement in which the surrogate receives compensation for ‘her services’ which, as outlined above, is illegal in Australia.
This month I attended the national Obstetrics Malpractice conference in Melbourne with health lawyers, obstetricians, midwives and other interested groups. An academic from Deakin University in Victoria – Dr Sonia Allan – presented on the issue of surrogacy at the conference. She has written extensively on various matters and you can view Dr Allan’s impressive resume on her website.
Dr Allan outlined the regulatory requirements regarding surrogacy – namely that it is a requirement in all states and the ACT that intending parents and the surrogate must meet certain criteria to be eligible to participate in assisted reproduction and surrogacy. The law also requires the intending parents and surrogate to undertake counselling. Some jurisdictions require psychiatric assessment of all parties to the agreement.
In addition, the intended parents and surrogate are required to obtain legal advice regarding the process. In Western Australia and Victoria, there is a requirement for surrogacy pre-approval which means the matter is reviewed by a panel. Once panel approved, the conception can occur. Following pregnancy, both parties then apply to the Court within 6 months to transfer parentage.
Recent inquiries regarding surrogacy in Australia raise regulatory and ethical issues. For example, where the surrogate lives in a different state to the intended parents, issues arise as to which law applies in respect of the process. According the Dr Allan, there is a move towards an overarching national law in respect of surrogacy. Her view is that greater regulation and more education is required in respect of what the profession and consumers can and cannot do.
Dr Allen’s view is that the law in respect of eligibility criteria needs to be reviewed. At present same sex couples are prohibited from accessing surrogacy in Australia. In those circumstances, one can imagine such restrictions may encourage such couples to access surrogacy outside Australia and potentially through commercial means.
By removing such barriers and making surrogacy accessible to individuals who otherwise meet the surrogacy criteria, overseas and commercial surrogacy can be curtailed and hopefully avoid situations like the abandonment of baby Bridget in the Ukraine. You may have read the tragic story recently of Bridget who was born with a disability, to a surrogate mother. This unfortunate child was abandoned by the intending parents who were US citizens – upon discovering the child’s disability.
There is much more to learn, discuss and discover in respect of this emerging area of pregnancy and birth.
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A family law property settlement is a major life event that often requires the services of an independent accountant. Here are 5 reasons why you might need an accountant in a property settlement.

Investments. If you have an investment property or a share portfolio, then capital gains tax is an issue to consider. For example, if you are receiving an investment property, any capital gains tax liability when it is eventually sold will go with the person who receives the property. We can engage an independent accountant to provide an estimate of the likely capital gains tax so it can be factored into the list of assets and debts in the property settlement.
Businesses. If you have a business, there may be several reasons to engage an independent accountant in your property settlement. For example, you may want an independent accountant to review the financials of the business. You might also need a valuation so that it can be included in the list of assets and debts. You may also need advice on how to get out of the business with the least tax implication. An accountant will also be required to assist with preparation of documents when implementing an agreement to remove one party from shareholding and office holdings.
Trusts. You may want an independent accountant to review the financials of a family trust structure. An accountant will also be required to implement any property settlement agreement for one party to be removed as a trustee or officeholder/shareholder of a corporate trustee.
Self-Managed Super Funds. An accountant may be required to review the financials of the self-managed super fund to ensure that it is compliant or to prepare a valuation for complex self-managed super funds. The accountant will also be required to implement the property settlement agreement reached to transfer assets, remove members and create new funds if required.
Taxation implications. An accountant may be engaged to provide you with advice on how to best minimise any taxation liabilities and burdens in relation to assets and debts to be received by you in the property settlement and generally.

Catherine Henry Lawyers is part of the Lake Macquarie Business Hub and can recommend the Hub’s Accountants and Financial Advisors to provide you with independent advice.
The post 5 reasons why you need an accountant in a property settlement appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.