Damages Claim for Wrongful Birth Due to a Systems Failure

Abstract

Health professionals are well versed in the need to have systems in place which avoid mishaps happening to patients due to human error or breakdown in communications: for example, legal actions for damages for operations wrongfully performed on patients due to a failure in the identification process; surgery involving the wrong limb or organ; medications being given to the wrong patient. Hospitals set in place systems by which a patient's name and procedures to be performed are checked multiple times throughout the patient's stay. This process is particularly vital when a patient is undergoing a surgical procedure which will be performed under anaesthesia. Nevertheless, systems failures continue to occur resulting in claims for damages by affected patients.