Misuse of Syntocinon and Medical Negligence: What Parents Need to Know

When a baby’s birth doesn’t go to plan, families often ask: Was this avoidable?
One common issue in birth injury claims involves a drug called Syntocinon—a synthetic form of oxytocin that stimulates labour. While it can safely help labour progress, incorrect use can be dangerous for both mother and baby.

In some cases, misuse of Syntocinon may lead to oxygen deprivation (hypoxia), brain injury, or long-term developmental problems in the child. When this happens, families may have grounds for a medical negligence claim.

Syntocinon is a serious intervention in birth - it must be used carefully

What Is Syntocinon?

Syntocinon is a medication used to start or strengthen contractions during labour.
It’s administered through a drip (infusion) and is meant to be closely monitored by trained staff.

When used properly, it helps labour progress safely.
But if the dose is too high or not adjusted quickly enough, contractions can become:

  • Too frequent (more than 5 in 10 minutes), or

  • Too strong (leaving little rest time between contractions).

This condition is called uterine hyperstimulation or tachysystole, and it can reduce the baby’s oxygen supply.

Why Misuse of Syntocinon Can Be Dangerous

Each contraction temporarily reduces oxygen to the baby. Normally, there’s enough rest between contractions for oxygen levels to recover.
But with Syntocinon-induced hyperstimulation:

  • The uterus doesn’t relax enough,

  • Blood flow to the baby drops, and

  • The baby can experience hypoxia (low oxygen).

If the oxygen shortage lasts too long, it may cause brain injury or developmental problems.

In these cases, safe management depends on:

  • Monitoring the baby’s heart rate (CTG monitoring),

  • Recognising signs of distress early, and

  • Stopping or reducing Syntocinon immediately when hyperstimulation occurs.

Failure to take these steps can amount to negligence.

When Misuse Becomes Medical Negligence

Medical negligence occurs when the care provided falls below the standard expected of a reasonably competent medical professional, causing injury or harm.

In birth-related cases involving Syntocinon, negligence might include:

  • Failing to monitor contractions and the baby’s heart rate properly;

  • Ignoring or misinterpreting abnormal CTG readings;

  • Continuing Syntocinon when there are signs of uterine hyperstimulation;

  • Delaying a Caesarean section despite evidence of foetal distress;

  • Failing to perform necessary tests, such as foetal scalp blood sampling.

Each case depends on the facts and medical evidence, but these are the warning signs lawyers and experts look for.

An Example: The Cleary Case

In Cleary v Illawarra Shoalhaven Local Health District [2025] NSWSC 1192, a family alleged that Wollongong Hospital misused Syntocinon during labour, causing their daughter’s global developmental delay.
Their experts said contractions became dangerously strong and that a Caesarean should have been done earlier.

The hospital’s experts disagreed, saying the baby was born in good condition and likely had a genetic condition unrelated to the birth.

The Court ultimately refused to approve the proposed $200,000 settlement because the medical evidence wasn’t clearly explained.
But the case shows how Syntocinon management and birth monitoring are central to these claims—and why clear, strong evidence is essential.

What Families Should Do If They Suspect Misuse

If you believe Syntocinon or labour management may have caused your child’s injury:

  1. Ask for your full medical records, including CTG traces and midwife notes.

  2. Write down your recollections of what happened during labour and delivery.

  3. Seek early legal advice—a lawyer experienced in birth injury cases can arrange expert reviews to identify possible negligence.

Even if years have passed, claims can sometimes proceed with special permission, especially where a child’s injury wasn’t diagnosed until later.


How Birth Injury Claims Lead to Compensation

When a hospital or healthcare provider makes a mistake during labour or birth and that mistake causes harm, the law allows families to seek compensation.
This process is called a medical negligence claim, and it aims to help parents recover both the financial costs and the life impacts that result from their child’s injury.

It’s not about punishment—it’s about accountability, closure, and support for the child’s future care.

1. Understanding What Compensation Covers

Compensation (or “damages”) is meant to place the injured person, as much as possible, in the position they would have been in if the negligence hadn’t occurred.
In birth injury cases, this usually includes two major types of losses:

Economic loss

  • Future care costs – such as ongoing therapy, specialist appointments, assistive devices, mobility aids, and in-home support.

  • Loss of earning capacity – if the child’s injuries mean they may not be able to work or live independently as an adult.

  • Parents’ lost income – where one or both parents have to reduce work to provide care.

  • Special medical or educational expenses – for physiotherapy, occupational therapy, speech therapy, or special schooling.

Non-economic loss

  • Also called pain and suffering, this recognises the emotional, physical, and psychological toll the injury takes on the child and their family.

  • It covers loss of enjoyment of life and the impact of lifelong disabilities or developmental delay.

In severe cases, compensation can reach millions of dollars—reflecting the cost of lifelong support and care.

2. How the Process Works

Birth injury claims are complex because they rely on specialist medical evidence.
Here’s how the process typically unfolds:

a. Initial investigation

Your lawyer reviews your story, obtains hospital and medical records (including CTG traces, Syntocinon charts, and midwife notes), and consults independent medical experts—usually obstetricians, midwives, neonatologists, and neurologists.

The key question is:

Did the healthcare team act as a reasonable and competent professional would have in the same situation?

If the answer is no, and that failure caused harm, a claim can proceed.

b. Expert evidence

Experts provide written reports explaining:

  • What went wrong (for example, not stopping Syntocinon when hyperstimulation occurred),

  • What should have been done differently, and

  • How the mistake caused the injury.

These reports are essential—they form the foundation of the case.

c. The claim

Your lawyer prepares a Statement of Claim outlining the negligence, the injuries, and the damages sought.
The hospital or doctor, usually represented by an insurer, will file a Defence.
Many cases then move into negotiation or mediation before trial.

d. Settlement or court decision

Most medical negligence cases settle out of court once the evidence is clear.
If the injured person is a child, the Court must approve the settlement to make sure it’s in the child’s best interests.

The funds are usually placed in a trust account managed by a trustee, ensuring that money for care, therapy, and education is available throughout the child’s life.

3. The Role of Evidence in Syntocinon Claims

In cases involving misuse of Syntocinon, compensation depends on proving that:

  1. The drug was given or continued when it shouldn’t have been;

  2. This caused uterine hyperstimulation (too many contractions);

  3. The baby suffered oxygen deprivation as a result; and

  4. That deprivation led to a lasting injury (for example, brain damage or developmental delay).

If all four elements are proven, the family is entitled to damages.
However, where the evidence suggests a genetic or unrelated cause, as debated in Cleary v Illawarra Shoalhaven LHD, the case may not succeed.

That’s why independent, credible medical opinions are so critical—they bridge the gap between what happened and how the injury occurred.

4. How Compensation Helps Families Move Forward

While money can’t undo what happened, compensation provides stability and relief.
It helps families:

  • Access the best possible treatment and therapies,

  • Adapt their homes and vehicles for their child’s needs,

  • Plan financially for the future, and

  • Focus on their child’s wellbeing without constant financial strain.

Many parents describe compensation not as a windfall, but as a safety net—a way to rebuild confidence and secure long-term care.

Key Takeaway

Syntocinon can be life-saving when used carefully—but dangerous when misused. If hospitals fail to recognise or act on warning signs, the consequences can be lifelong. Medical negligence law exists to help families get answers, accountability, and the support they need for their child’s future.

Dr. Rosemary Listing

I’m Dr Rosemary Listing, a lawyer specialising in medical negligence and health law. I write about how the law can protect and empower patients and professionals.I offer free initial legal advice for anyone who believes they may have a medical negligence claim. If you’d like to talk, you can reach me at rlisting@evanslaw.com.au, or call (02) 4926 4788.

I hold a PhD in Law and have extensive experience in consumer protection, advocacy, and trauma. My goal is to make the legal process clear, compassionate, and empowering for every client.

https://www.reframelegal.com
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