Our Students

Jeremy Prabhen Maria Dass is a PhD candidate at Deakin University (Burwood Campus) and a Graduate Lawyer at MNG Lawyers, with a background in Law and Biomedical Science. He holds a Bachelor of Biomedical Science and a Bachelor of Laws (Honours) degree and has completed his Graduate Diploma in Legal Practice (GDLP) at Leo Cussen.

Principal Supervisor : A/Prof Neera Bhatia, Associate Supervisor:  A/Prof Colin Campbell

Thesis Title:

“The Use of Instrumental Delivery and Associated Hypoxic Ischaemic Encephalopathy and Subgaleal Haemorrhage: A Comparative Analysis of Medical Negligence Laws Across Australian Jurisdictions”

Thesis Abstract:

Jeremy’s thesis critically examines the legal framework governing medical negligence in instrumental deliveries in Australia, focusing on neonatal complications such as Hypoxic Ischaemic Encephalopathy (HIE) and Subgaleal Haemorrhage (SGH). These serious conditions arise from the use of forceps or vacuum extractors during childbirth, often leading to long-term health and legal complexities.

His thesis explores whether existing Australian tort laws, including the Wrongs Act 1958 in Victoria, provide consistent and equitable outcomes for plaintiffs in medical negligence cases. His thesis will address challenges in defining the roles of plaintiffs and defendants, prove causation in the context of medical actions, and examine the impact of statutory limitations periods on plaintiffs’ ability to pursue claims. The thesis also conducts an international comparative analysis with Commonwealth countries like the United Kingdom and Canada, assessing whether these jurisdictions have more effective legal mechanisms for addressing claims related to birth-related injuries.

By highlighting jurisdictional differences and legal uncertainties, Jeremy’s thesis aims to advocate for more cohesive legal approaches, enhance patient safety, and strengthen accountability in medical negligence cases. His interdisciplinary expertise in Law and Biomedical Science uniquely positions him to contribute to legal scholarship, healthcare policy, and patient advocacy.

Fun Fact:

Jeremy is a thrill-seeker and an adrenaline junkie! A former skydiver, he enjoys shark cage diving in Port Lincoln, Adelaide, and is a PADI-certified Rescue Diver. His love for the ocean fuels his passion for exploring marine life and deep-sea adventures. When he is not diving into legal thesis, he is literally diving into the great blue!

Freya Croft is a PhD candidate at Deakin University. She holds a Bachelor of Commerce and a Bachelor of Laws (Honours) degree and has completed her Graduate Diploma in Legal Practice at the College of Law. Freya was the 2023 Deakin University recipient of the Supreme Court Exhibition Prize for her honours thesis titled ‘Consent in Childbirth: Fears, Fallacies and Failures’.

Principal Supervisor : A/Prof Neera Bhatia, Associate Supervisor:  A/Prof Colin Campbell

Thesis Title:

“Protecting the Autonomy and Reproductive Rights of Women Who Experience Trauma and Injury in Childbirth: The Role and Effectiveness of Tort Law in Australia”

Thesis Abstract:

Obstetric violence is a form of gender-based violence that refers to the mistreatment and abuse of women in pregnancy and childbirth. Obstetric violence is a global issue, that has been recognised by the World Health Organisation as treatment that includes physical abuse, humiliation, failure to gain informed consent, coercive or unconsented medical procedures, refusal to give pain medication and neglecting women in childbirth. In Australia, one in ten women are believed to have experienced obstetric violence, while one in three women suffer from birth trauma. It is believed that a significant amount of this birth trauma is avoidable, which has led to a growing body of literature that investigates women’s and healthcare providers perceptions and experiences of childbirth. Less research is dedicated to understanding the medico-legal structures that may be influencing the occurrence of obstetric violence and birth trauma. The law plays an integral role and arguably is a contributing factor in the widespread and systematic occurrence of medical and psychological trauma that women experience during childbirth. There is a lack of legal redress available to women who have experienced obstetric violence and childbirth harms, which often leads to women suffering in silence, while failing to acknowledge the trauma that they have experienced.

The UN special rapporteur (‘UN SR’) on violence against women and girls issued a report in July of 2019 outlining a human rights-based approach to mistreatment and obstetric violence during childbirth.  The report noted that the unnecessary use of episiotomy and/or the use of episiotomy without informed consent ‘may amount to gender-based violence and torture and inhuman and degrading treatment.’  The report further highlighted that the power imbalance between medical practitioners and women in maternity wards ‘is particularly apparent in instances in which providers abuse the doctrine of medical necessity from tort law, in order to justify mistreatment and abuse during childbirth.’ This thesis will therefore review the current literature on the doctrine of necessity in tort law and its possible application to the performance of episiotomy in childbirth. Case law and commentary from other common law jurisdictions will be utilised to inform an applicable position in the Australian legal context.

Fun Fact:

Freya lives in Tasmania, where she spends her free time hiking through the Tassie wilderness and enjoying the beautiful coastlines.