Hi there. From the information you provided, it appears that your newborn granddaughter was given a particular type of injection by hospital staff, despite her mother’s (your daughter’s) initial objection. You want to know if there is a legal claim against the hospital for medical negligence.

If a person is injured by a medical professional or facility, that person may be able to sue for negligence and be awarded compensation. For a medical negligence claim will succeed, it must be proven that: (a) the medical professional’s or facility’s treatment fell below the standard of care reasonably expected from that type of professional or facility, and (b) the treatment caused and directly resulted in injury. Not every person who suffers an injury will have a claim for medical negligence. Much will depend on the severity of the injury, the conduct of the medical professional when compared to industry standards, and the circumstances in which the injury arose.

In your granddaughter’s case, you would have to prove that the hospital staff’s treatment fell below the standard of care reasonably expected from nursing staff in Australia. If the staff acted in a way considered to be acceptable in the opinion of a large number of respected medical professionals in that same field, then you may not have a claim. But if there is a successful claim for medical negligence, your granddaughter may be entitled to compensation. Compensation would be calculated based on the injury suffered, and may include an amount to cover past and future medical costs as well as pain and suffering.

Another legal option available is to lodge a formal complaint about the hospital staff’s conduct. If it was a private hospital, you can make a formal complaint directly to the hospital. If it was a public hospital, you can attempt to resolve the issue with the hospital directly or ask to be referred to the Hospital and Health Service complaints coordinator. If you are unhappy with the response from a public or private hospital, you can contact the Queensland Office of the Health Ombudsman (www.oho.qld.gov.au) – an independent organisation that will review and investigate your complaint.