Australian Lawsuit Highlights Universal Nature of Personal Injury Claims

An Australian woman, Halina Jane Gillett, has recently become known internationally for her personal injury lawsuit against the doctor that delivered her in 1985. Ms. Gillett's medical negligence claim centers on the doctor's failure to perform a caesarean section and the medical consequences from which she suffers as a result.

News.com.au reported on Ms. Gillett's claim against one of Australia's top obstetricians, Professor Jeffery Robinson. Ms. Gillett argues that the doctor breached his duty of care by refusing to preform a caesarean section. Instead, Australia's Daily Telegraph Professor Robinson used forceps during the delivery which Ms. Gillett's solicitor* argues is directly responsible for her erb's palsy. As a result of her birth injuries, Ms. Gillett does not have full use of her arm and must go to physical therapy.

Marilyn Benson-Inglis, Ms. Gillett's mother, specifically asked for a c-section due to the baby's size and her previous pregnancy issues. She suffered from high blood pressure and had suffered through a still birth prior to her pregnancy with Halina. She spoke with Professor Robinson two weeks before the birth and was allegedly told a natural birth was not possible due to the baby's position.

If a doctor's negligence or decision does permanent damage to a patient, that patient deserves to be compensated for the expense of treating and living with that permanent injury. As a Tampa personal injury attorney, I know how difficult and costly it can be for someone to live with such a condition.

*In Australia, a solicitor is an attorney who can conduct litigation on behalf of his client. In Ms. Gillett's case, her solicitor, Nicholas Coren, is her personal injury lawyer.