A Western Australian mother who unexpectedly became pregnant and gave birth after undergoing sterilization was indemnified for more than $ 125,000.
A judge in the WA District Court found that the boy’s parents were entitled to compensation for the costs of raising him after he was born in 2014.
The mother was pregnant with her seventh child, a boy, after a failed tubal ligation by a Western Australian doctor.
In a survey submitted last month, the judge said doctors admitted the negligence that WA Country Health Services accepted subrogation liability.
The AAP has chosen not to identify the parents who performed this procedure or the currently retired doctor.
The court heard that a doctor recommended surgery to a woman a few days before her sixth child was born in 2009.
He suggested that it be done at the same time as the birth of her Caesarean section.
The mother agreed to the surgery and said she understood that surgery was recommended because “future pregnancy and childbirth pose a risk to her life.”
“She thought the procedure was carried out successfully,” the judge said.
“At that time, (the doctor) didn’t suggest anything else to her.”
Four years later, she discovered she was pregnant after going to the hospital for treatment related to unexplained bleeding.
“The news of the pregnancy reminded me of (doctor’s) advice during sterilization, so I accept her evidence that she was very upset,” the judge said.
The boy was born without major complications, and the judge now described the seven-year-old boy as “healthy and very much loved by his parents.”
His parents, who appeared in court, sought damages related to the loss of mother’s income, “pain and suffering,” and the costs associated with raising the boy.
The judge said there was no objection to the mother’s right to general damages related to pregnancy risk, pregnancy experience, childbirth pain and anxiety about trauma.
The mother also claimed that childbirth made her unable to find a job, even though she relied on social security payments throughout her adulthood.
Doctors and WA Country Health Services lawyers claimed that the mother had difficulty finding employment because she had no income and was previously convicted of assault.
The judge ruled in favor of his mother, awarding $ 22,000 for general damages plus $ 20,000 for lost earnings.
He also jointly awarded the couple more than $ 83,000 in damages related to the cost of raising a boy.
WA’s parents win unplanned pregnancy damages
Source link WA’s parents win unplanned pregnancy damages