Jacob Ferrier when he was born. He weighed 5.38kgs (11.9lb) Source: Supplied
A DUNCRAIG mum has launched legal action against the Health Minister over claims her son was left disabled after she was forced to try to deliver him naturally even though he was over-sized.
Kate Ferrier's son Jacob weighed 5.38kg (11.9lb) when he was born – almost twice the size of the average Australian infant.
The 31-year-old claims Osborne Park Hospital insisted on a natural birth and only performed a caesarean section when it became an emergency.
She claims the ordeal caused hypotonic cerebral palsy in her son, a condition that decreases muscle tone and control as a result of brain damage sustained during and after birth. Ms Ferrier said when she was finally able to bring Jacob home he was like a "rag doll".
She said Jacob, now four, will need therapy for the rest of his life. He also has global development delay, which affects his intellect.
Ms Ferrier said hospital staff failed to notice signs of foetal distress during the birth.
Kate Ferrier is suing Osborne Park Hospital claiming it was negligent in its duty of care that her son Jacob was born with hypotonic cerebral palsy.
She said when her water broke there was grade-three meconium in her amniotic fluid – infant faecal matter, which is generally considered a sign of foetal distress.
She also claims medical staff induced her even though her contractions were fast, which she says made it worse. Staff only performed a c-section when it became an emergency, she said.
Ms Ferrier said Jacob was also born with swelling on the brain and was in respiratory distress because he had breathed in the meconium. He was rushed to PMH as a result.
Ms Ferrier launched legal proceedings this month against the current Health Minister Kim Hames.
The writ lodged in the WA Supreme Court says Ms Ferrier is seeking, on behalf of Jacob, damages for injury, loss and damage he sustained during his birth at the hospital in October 2009.
It says the hospital was negligent and failed to provide and/or omitted medical advice and treatment to Ms Ferrier during her antenatal care, labour and delivery as well as the neonatal management of Jacob after he was born.
Ms Ferrier said that she was worried what sort of future her son faced.
"I'm strong," she said. "I have to be. I have been lucky that my parents have helped me a lot.
"As for Jacob, we have no way of knowing if he is going to be all right as he gets older.
"At the moment he tires really quickly, and has poor muscle control and falls over frequently. He can't hold a pencil properly. He can't write properly."
A spokesman said the Health Department was unable to comment on matters before the court.
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