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Medical Negligence

Apr 13, 2026

Failure to offer an elective Caesarean section

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Our medical negligence lawyers secured $9 million in compensation after a failure to offer an elective Caesarean section led to a complicated birth and serious brain injury from oxygen deprivation.
Image Description: Our medical negligence lawyers secured $9 million in compensation after a failure to offer an elective Caesarean section led to a complicated birth and serious brain injury from oxygen deprivation.

Medical Negligence – Failure to Offer an Elective Caesarean Section | $9,000,000 in Compensation

The Incident

Michelle’s first pregnancy was uneventful until the final weeks, when ultrasounds suggested her baby was likely to be very large. Despite the increased risk of labour complications, she was not offered an elective Caesarean section.

Serious Injury and Medical Treatment

Labour was prolonged and complicated. Her son became stuck with shoulder dystocia, delaying his birth, and he sustained a brain injury from oxygen deprivation during labour.

The Long Road to Recovery

The delayed birth resulted in a serious brain injury to Michelle’s son.

Why Specialist Legal Advice Was Required

The case concerned counselling about delivery options, risk management and timely delivery planning.

Legal Support and Advocacy

The claim centred on the failure to discuss an elective Caesarean section and whether that option could have avoided the outcome.

Securing a Life-Changing Outcome

The compensation outcome was $9,000,000 following the failure to offer an elective Caesarean section.

Our Commitment

At Garling&Co, we are committed to supporting clients through the impact of medical negligence. We provide the expert legal assistance our clients need to reset, reclaim and rebuild their lives.