A series of mistakes by Canberra Hospital medical staff meant a boy now suffers severe cerebral palsy and a number of other serious medical conditions, a court has heard.
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The boy's family has launched legal action against the ACT Government, who run the Canberra Hospital, on his behalf, claiming the hospital and its employees caused his disabilities through negligence.
But the ACT Government denies the allegations.
The case went to trial before the ACT Supreme Court last week.
Court documents allege the boy was born at the hospital with birth asphyxia and developed hypoxic-ischaemic encephalopathy, which meant his brain had been deprived of oxygen.
He was subsequently diagnosed with severe cerebral palsy of the spastic quadriplegic type.
The court action says the mother had an unstable lie of the foetus and the baby had been in the breech position before his birth in 2000.
The mother was booked in for a caesarian, which was later cancelled when the baby moved out the breech position, and she continued antenatal visits.
She said she woke one morning and could not feel the child move, so she went to the clinic where she was examined and the baby monitored.
Doctors ordered the baby be delivered by caesarian section.
The boy was not breathing on delivery and required ventilation.
He spent 11 days in the neonatal intensive care unit.
Court documents, filed by Blumers Lawyers on the boy's behalf, allege the ACT Government is liable for his disability as it owed a duty of care and had breached its contract with her.
They allege the hospital had failed to diagnose and manage an unstable lie, did not attach significance to the mother's description of the baby's movements, inappropriately cancelled the pre-booked caesarian, failed to commence monitoring and have an assessment of the mother immediately on the morning she presented at the hospital, failed to transfer her for caesarian within a reasonable time, and failed to ensure the birth occurred by caesarian in a timely manner.
Blumers claim the boy suffered 40 different injuries, disabilities and other detrimental effects, including cerebral palsy, seizures, multi-organ damage, inability to walk, microcephaly, vision impairment, and cognitive impairment.
The documents said the boy had suffered economic loss as a result, as he been totally and permanently incapacitated from all forms of work.
The legal action also claimed the cost of domestic assistance, and said out-of-pocket expenses had been incurred for medical treatment and supervision, and for equipment and aids.
But the ACT Government, in documents filed in court before the trial started, denied it had breached its duty of care or contract, and denied that the plaintiff suffered injury loss and damage as alleged.
The government also denied the plaintiff was entitled to compensation.
The trial before Chief Justice Helen Murrell, which started last Tuesday, is expected to run for four weeks.
