Rhonda Ballard v Wendy Louise Cox

The case of Rhonda Ballard versus Wendy Louise Cox involved a claim for damages due to the alleged negligence of Wendy Louise Cox, an obstetrician, during the birth of the plaintiff's child. The child was born with significant brain damage, and the plaintiff alleged that the defendant's failure to attend promptly when first called, the subsequent delay in calling the obstetrician again when the foetus's condition deteriorated, and an inappropriate forceps delivery all contributed to the child's injuries. The High Court of Australia was asked to determine the nature and extent of the brain injury, the cause of the injury, and the apportionment of liability between the parties.

The legal issues before the Court included whether the obstetrician's initial failure to attend, the delay in calling the obstetrician again when the foetus's condition deteriorated, and the inappropriate use of forceps delivery were negligent acts that caused or contributed to the child's brain damage. Additionally, the Court had to decide the proportion of liability attributable to each party's actions and omissions, and whether the plaintiff's contributory negligence in delaying the call for obstetrician assistance should be considered in the apportionment of damages.

In delivering the judgment, the Court held that the obstetrician's failure to attend promptly when first called, the delay in calling the obstetrician again, and the inappropriate use of forceps delivery were all negligent acts that contributed to the child's brain damage. The Court found that the plaintiff's contributory negligence in delaying the call for obstetrician assistance did not absolve the obstetrician of liability, but rather reduced the plaintiff's entitlement to damages. The Court apportioned 60% of the liability to the obstetrician and 40% to the plaintiff. The Court also noted that the plaintiff's damages were to be reduced by 40% in accordance with the apportionment of liability.

The Court ordered that the defendant pay the plaintiff damages in the sum of $2,400,000, reduced by 40% to $1,440,000, representing 60% of the total damages awarded. The Court further ordered that the plaintiff pay the defendant 40% of the total damages awarded, representing the plaintiff's share of the liability. The Court also ordered that interest be paid on the reduced amount from the date of the judgment until the date of satisfaction.