The parents of a two-year-old girl born with cerebral palsy are suing the Djerriwarrh Health Services in a multi-million dollar medical negligence claim.
Audrey Prior suffered a lack of oxygen to the brain at the Bacchus Marsh Hospital in March 2013.
Her birth came during the same period as seven avoidable deaths recorded at the hospital between 2012-13.
An independent investigation found a series of “catastrophic” clinical and governance failures may have contributed to the deaths of seven babies at the regional Victorian hospital.
In a writ filed in the Victorian Supreme Court, it is claimed the hospital staff were negligent in failing to properly monitor the baby’s heart rate in the womb and for failing to perform a emergency caesarean in time for a safe delivery.
The legal documents state the baby’s mother, Melissa Yates, was admitted on March 18 at 8.20 pm and despite various medical complications, an emergency caesarean-section was not performed for another 12 hours.
The baby girl was born with no heartbeat and had to be resuscitated.
She was later diagnosed with cerebral palsy and has severe disabilities.
Ms Yates and her husband, David Prior, said their daughter cannot walk, crawl or even roll over.
“Audrey has such a bright personality with a gorgeous smile and laugh. We know this is all very frustrating for her and it’s heartbreaking for us,” they said.
The couple said there was a whole chain of events that left them feeling things were not quite right with the hospital care.
“As first-time parents, we were relying on their experience and we trusted them,” the couple said.
They said when a caesarean was eventually suggested, there was still no urgency until they could not find a heartbeat.
“Then they just screamed ‘there is no time’ and ran into theatre,” the parents said.
It is claimed the warning signs were not recognised by midwifery staff, nor acted upon quickly enough by staff and the hospital.
The family is seeking damages from the health service for the cost of care and the girl’s lifetime needs.
The parents’ lawyer, Kathryn Booth, said the couple was traumatised by the birth and had been further traumatised by news of the still birth scandal at two hospitals run by the Djerriwarrh Health Services.