A woman whose baby boy died in a Wagga hospital bungle will finally be able to move on with her life thanks to a Supreme Court ruling, her solicitor has said.
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On Tuesday Sharon McManus was awarded nearly $1.8 million after Murrumbidgee Local Health District (MLHD) was found to have acted negligently during the labour of her son Cooper.
According to the judgement, Wagga hospital staff failed to properly monitor Ms McManus’ labour and perform a cesarean section earlier, resulting in the death of her unborn child.
This is a case in where the standard of care fell well below what would be expected of any hospital, let alone a teaching hospital at Wagga Base
- Solicitor John Potter
In April 2010, Ms McManus went to hospital everyday for three weeks for tests after suffering from a severe bout of gastro.
Returning to the hospital on May 14 for further monitoring, a doctor and midwife fought over whether she should be allowed to leave.
“She was confused and in tears,” the judgement read. “Ultimately, at about 4.30pm she was allowed to go home.”
But the next day, an afternoon-scheduled cesarean was performed by “urgent” hospital staff.
When Ms McManus woke afterwards “in severe pain”, she was given the devastating news that her baby had died by a doctor she had never met.
Since the traumatic loss, Ms McManus has suffered from adverse mental health which has seen her unable to hold down a full time job.
The judgement noted she had become “socially withdrawn”, “suffered from nightmares and flashbacks” and was “terrified of again falling pregnant”.
Justice Harrison found she was likely to suffer from her condition for the rest of her life and ordered MLHD pay her $1,785,498.
Ms McManus’ solicitor, Commins Hendricks director John Potter, said the conclusion to the four-year legal battle would provide some closure for the family, however, it would not solve Ms McManus’ resulting mental health issues/
“This is a case in where the standard of care fell well below what would be expected of any hospital, let alone a teaching hospital at Wagga Base,” he said.
“I think the result and judgement will mean that the family can move on …
“She can afford the treatment that she requires, that is probably the most significant thing.”