Chapman v Wide Bay Hospital and Health Service

[2022] QDC 271 · Rosengren DCJ

In plain language

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

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
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

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Chapman v Wide Bay Hospital and Health Service [2022] QDC 271

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