Evan's story: did hospital negligence permanently harm a baby boy?

Kristen and Jarrad Bayliss knew something was terribly wrong.

Their twin boys, Evan and Ethan, were born prematurely at just 29 weeks and 5 days, due to a rare and potentially fatal complication. The twins were placed in the Neonatal Intensive Care Unit (NICU) at Brisbane's Mater Hospital, while Kristen and Jarrad faced the anxiety, fear, and hope felt by all parents whose newborn child needs medical care.

But for one of the boys, Evan, the stay in the NICU may have led to lifelong injury and harm. Years later, Kristen and Jarrad now face the devastating prospect of telling their son that he may need to have his leg amputated.

After the twins were born, doctors suspected that newborn Evan had a bladder obstruction. As part of the treatment, they fitted Evan with a temporary catheter. However, after a few weeks, Kristen and Jarrad became increasingly alarmed.

They say they noticed that the tapes around the catheter were dirty, with urine and faeces leaking around it.

Kristen and Jarrad tried to help Evan. They raised their concerns with hospital staff. But they say they were told nobody could move or even touch the tape.

“We were starting to get really nervous and quite angry and upset that no one was listening to us or talking to us,” says Kristen. “And each day we’d go back, the tapes were dirty.”

It would later emerge that the catheter may not have been medically necessary at all, but by the time Kristen and Jarrad learned the truth, it would be too late. Evan suffered a devastating infection that sadly brought him close to death and caused him lifelong consequences. 

It’s not just bad luck: how medical negligence impacted Evan’s life

Medical practitioners have a duty of care to their patients. If a medical practitioner or institution falls below an acceptable standard, and their failure harms someone, this is considered medical negligence.

The consequences of medical negligence can be devastating. It can cost patients their lives. But even survivors of medical negligence and their families often suffer serious physical and psychological impacts.

Jarrad and Kristen alerted staff to the dirty tape around the catheter, but they say nothing was done. Soon, Evan developed an infection. The infection spread into his blood and vital organs. When Evan was moved to Queensland Children's Hospital, his parents heard what no parent ever wants to hear: that their child's condition would probably prove fatal.

Evan fought the infection and, defying the odds, he survived. But not before he suffered even more harm.

Staff at the Queensland Children’s Hospital inserted a line into Evan’s artery to treat the infection. Unfortunately, a blood clot formed, blocking blood flow to his right leg. This led to tissue death, causing severe damage to Evan’s leg.

Evan survived his ordeal, and he and his brother are now four years old. But for him, the consequences didn’t end when he left the hospital. He and his family are faced with an agonising choice.

To improve the condition of Evan’s right leg, he could undergo a series of surgeries, each one involving the breaking and re-breaking of bones, up until the age of 16. Much of his childhood and early adolescence would be marked by painful and invasive procedures.

The alternative is amputation of his limb.

“It has to be done soon, before he starts school,” Kristen says.

“That decision in itself is awful, to have to tell a four-year-old, ‘We’re taking your leg away.’ That’s a forever decision.”

It’s a choice no parent wants to make for their child, and a psychological burden no child should have to endure. Yet, it may have been avoidable. What haunts Evan’s parents is the thought that if hospital staff had listened when they raised concerns about the dirty catheter tape, or if the staff had never made the initial wrong diagnosis, Evan might have been spared both his traumatic past and difficult medical challenges ahead.

Beyond his near-death experience and lifelong physical injuries, Evan and his family continue to face psychological challenges. The stress and pressure from this experience has contributed to the collapse of Kristen and Jarrad’s business, a joint project they treasured.

Evan is smaller than his twin brother and finds it harder to play and to exercise compared to other children his age. And as time goes on, he becomes more aware of the differences between him and his peers.

“The physical differences are starting to show, he’s starting to realise,” says Jarrad.

“He gets upset. From a psychological perspective we are constantly reminded of what’s happened.”

Seeking compensation for medical negligence

Medical negligence is more than just unfortunate luck, and you don’t have to accept it. Although nothing can turn back time, pursuing legal action against those responsible can help secure justice and support for those responsible.

Our experienced medical negligence legal team is representing Kristen and Jarrad in their legal action against the two hospitals involved. By seeking compensation for the family’s losses, we hope to help bring them a sense of closure and provide the financial support they need to begin a new chapter.

Medical negligence cases are often complex and can involve disputes with large, well-resourced institutions. Those affected are likely to still be processing the trauma they have been through, which can make pursuing a claim feel overwhelming. That’s why it’s essential to have experienced, skilled, and empathetic lawyers by your side to help guide you through every step towards a resolution.

We’re here to help

As experienced lawyers in medical negligence claims, we’re here to help. If you believe that you have been impacted by medical negligence, or you know someone who has, you may be eligible to make a claim. We can help you understand what legal options are available to you. Get in touch with us today.