Oz woman sues obstetricians for her own birth

A woman in Australia is suing the country's most respected obstetricians for her own birth, claiming her delivery more than 25-years-ago was negligent because he did not follow her mother's wish for a caesarean.

According to the Daily Telegraph, Halina Jane Gillett has launched action against Professor Jeffrey Robinson in the Supreme Court, arguing he breached his duty of care during her delivery in a Newcastle hospital in October 1985, the Courier Mail reported.

The court was told that Gillett, Marilyn Benson-Inglis's fourth child, was induced at 37 weeks and suffers from Erb's palsy, which they claim was the result of a forceps delivery.

Benson-Inglis had asked to have a caesarean delivery but Professor Robinson chose to use the forceps method instead.

Gillett, 25, requires physiotherapy for the condition and does not have full use of her arm.

The condition is often caused by shoulder dystocia in difficult births, which can occur when the baby's head and neck are pulled towards the side at the same time as the shoulders pass through the birth canal.

Professor Robinson, the head of obstetrics and gynaecology at Adelaide University, may be called to give evidence at this week's hearing, which will determine if Gillett's amended statement of claim, which includes testimony from other medical professionals, can be used.

The basis for Gillett's claim centres on Professor Robinson's "failure to undertake" or consider having a caesarean delivery, despite it being her mother's request.

The case has been before the court for five years, as proceedings in this type of medical negligence claim must be launched before the child turns 21.