A man who was encouraged to watch his wife give birth sues the hospital for 95 billion yen, traumatized by seeing blood and internal organs during Caesarean section
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Man sues Melbourne hospital for $1 billion after watching wife's c-section delivery | 7NEWS
https://7news.com.au/news/melbourne/man-sues-melbourne-hospital-for-1-billion-after-watching-wifes-c-section-delivery-c-11902599
This time, Australian Anil Kopra sued the hospital, claiming that he suffered a mental disorder while attending a birth. On January 20, 2018, Mr Copra's wife gave birth by caesarean section at Melbourne's Royal Women's Hospital.
A caesarean section is an operation in which the baby is removed by cutting into the mother's abdomen when it is determined that vaginal delivery, in which the baby is delivered from the womb through the birth canal, is difficult for some reason. 'Scheduled caesarean section', which is planned in advance and is determined to be unsuitable for vaginal delivery based on prior examination, and when it is determined that vaginal delivery is not possible for some reason during the course of pregnancy or childbirth.
Although Mr. Kopra's wife's surgery was a success and a healthy baby was born, Mr. Kopra was 'recommended or allowed' by the hospital to watch the birth, and during the C-section, he saw his wife's organs and blood. He claims that he has developed a mental disorder as a result.
Mr. Copra, whose marriage broke down due to his mental disorder, sued the hospital for 1 billion Australian dollars (about 95 billion yen) as compensation for psychological trauma.
'The hospital breached
Meanwhile, the Royal Women's Hospital admitted it had a duty of care to Mr Copra, but denied claims it had breached it.
In a September 2023 judgment, Justice James Gordon of the Supreme Court of Victoria dismissed Mr. Copra's claim, stating that it amounted to an ``abuse of judicial process.''
According to the ruling, the law does not allow for compensation for non-economic losses unless the injury is 'serious.'
As part of the trial, Mr Kopra underwent a medical examination and a medical board determined that the level of mental impairment resulting from the claimant's injuries as alleged in the claim did not meet the standard. . Although Mr. Kopra disagreed with the commission's findings, he did not submit any documents to challenge them.
Judge Gordon said: ``I understand the legal meaning of the Medical Board's decision to be that it is legally impossible for Mr. Copra to recover damages for non-economic losses.'' ”
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