Chapman v Wide Bay Hospital and Health Service
[2022] QDC 271 · Rosengren DCJ
Cara Chapman, a 40-year-old administrative worker from Hervey Bay, suffered a bowel injury when a surgeon accidentally cut part of her bowel during a hysterectomy in December 2015. She needed repair surgery, had to wear a colostomy bag for about two months, and was left with abdominal scarring and an adjustment disorder (a psychological condition). The hospital admitted it was at fault, so the only question for the court was how much money she should receive. The hospital argued her ongoing tiredness and reduced work hours were caused by unrelated sleep apnoea, but the judge was not persuaded by this. The judge found her psychological condition, including a fear of re-injuring herself, explained why she had cut back her work hours and needed help at home. The court awarded $201,770 in total, with the largest portions being for past care provided by her husband and for future loss of earning capacity.
Incident & injury
Bowel perforation negligently caused during a laparoscopic hysterectomy, requiring repair surgery, a defunction loop colostomy and subsequent stoma reversal surgery
- Body regions
- Abdomen / pelvis, Skin / scarring, Psychiatric
- Diagnoses
- Bowel perforation at rectosigmoid junction, Loss of sigmoid colon, Abdominal scarring, Adjustment disorder with depressed mood
- Incident date
- 14 December 2015
- Location
- Hervey Bay, Queensland
Quick facts
- Date of judgment
- 2 December 2022
- Claim type
- PIPA Medical Negligence
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 40
- Occupation
- Administrative officer (automotive dealership) Clerical & Administrative Worker
- Liability
- Admitted
- ISV assessed
- 13 uplift applied · Item 73 (moderate bowel injury)
- Total damages
- $201,770
Outcome
Liability was admitted; quantum was assessed at trial. The court awarded the plaintiff $201,770 in total damages, rejecting the defendant's contention that her unrelated sleep apnoea materially contributed to her ongoing losses and accepting that her adjustment disorder explained her reduced work hours and ongoing care needs.
Defendant
1 Wide Bay Hospital and Health Service
Hospital / Health service provider
- Apportionment
- 100%
- Judgment against this defendant
- $201,770
Heads of damage
| General damages | $21,780 |
|---|---|
| Interest on general damages | $0 |
| Past economic loss | $18,100 |
| Interest on past EL | $2,225 |
| Past superannuation | $1,820 |
| Future loss of economic capacity | $43,200 |
| Future superannuation | $4,750 |
| Past care (Griffiths v Kerkemeyer) | $47,100 |
| Interest on past care | $0 |
| Future care | $40,000 |
| Past special damages (plaintiff) | $14,895 |
| Interest on past special damages | $400 |
| Future special damages | $7,500 |
| Subtotal before refunds | $201,770 |
Key issues
Chapman v Wide Bay Hospital and Health Service [2022] QDC 271
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