Ballarat couple to sue Geelong hospital over pregnancy

By Erin Williams
Updated November 2 2012 - 2:55pm, first published November 7 2010 - 10:42am
Geelong Hospital.
Geelong Hospital.

AN Alfredton couple who conceived a child after the woman had her tubes tied are suing Geelong Hospital.Michelle Davis-Burns had the operation after giving birth to her fourth child in 2006 but two years later she became pregnant, according to court documents obtained by The Geelong Advertiser.The unexpected pregnancy caused problems during the baby's delivery and Mrs Davis-Burns suffered post-birth bleeding and had to have a hysterectomy.In a Supreme Court writ, Mrs Davis-Burns claims she has post-operative scarring, nerve damage needing further surgery, anxiety and depression."(Mrs Davis-Burns) has and will in the future incur medical expenses associated with the care and upbringing of her fifth child," the writ said.Mrs Davis-Burns and her husband Jason Burns made the decision not to have any more children after Mrs Davis-Burns became pregnant in 2006 with their fourth child.Initially, Mr Burns, 34, was to have a vasectomy but after discussions with doctors, Mrs Davis-Burns, 32, agreed she would have her tubes tied .Legal action has started in the Supreme Court, with the couple arguing Barwon Health was negligent. In the court documents, it is alleged Mrs Davis-Burns' tubes were not tied properly."By reason of undergoing the tubal ligation (the couple) formed a reasonable belief that (Mrs Davis-Burns) could not become pregnant and relied upon the tubal ligation for contraceptive purposes," the writ said."(Barwon Health) failed to exercise reasonable skill and care when performing the tubal ligation. The court document says Mrs Davis-Burns intended to return to work after the fourth child but that had now been delayed.Mr Burns is seeking similar damages to his wife and is claiming the fifth child caused him to suffer loss of earnings and loss of earnings capacity.Mrs Davis-Burns released a statement to The Courier yesterday."It is distressing to all of our family that this story of such a personal and private experience has become much speculated about and discussed in the media. Although we cannot comment on the particulars of the case, can people please understand that we are a very loving family and we love all of our children equally and deeply, regardless of the circumstances of how they were brought into this world," Mrs Davis-Burns said."For people to comment that we could or should have terminated the pregnancy is cruel and inhumane, and goes against everything we personally believe in and value. By myself choosing to nurture and love the life developing inside my body did not automatically disqualify me from asking for help."The large focus on dollar figures is not our way of valuing our children, but rather the legal system's way of dealing with accountability. We are a young family that just want to get on with our lives, and ensure that the health and happiness of all of our children is maintained. That is my role as their mother and this is the fight I have to take."Lawyers are yet to say how much money they would demand in compensation. A Barwon Health spokeswoman said she was unable to comment because it was a legal matter. The matter returns to court at a date to be fixed.

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