Stewart v Metro North Hospital and Health Service
[2024] QCA 225 · Mullins P, Boddice JA and Ryan J
This was a liability admitted medical negligence case where the plaintiff required significant and expensive care. The trial judge determined that the plaintiff could be cared for appropriately at a facility at far less cost than if he was provided at-home care. The plaintiff's litigation guardian sought to overturn that decision and have damages reassessed, so that the plainitff could return home with proper funding for his care needs.
The court dismissed the appeal and actually reduced damages awarded to the plaintiff due a smaller error.
Incident & injury
Negligent treatment as inpatient — failure to neurologically review following complaint of blurred vision led to progression of stroke; subsequent surgeries and complications resulted in brain damage
- Body regions
- Brain / head, Brain, Right upper limb, Right lower limb, Right shoulder, Visual (right field), Bowel/abdominal
- Diagnoses
- Brain damage, Hemiparesis, Confusion, Dysphasia/aphasia (expressive and receptive), Right shoulder subluxation, Right loss of visual field, Need for colostomy bag, Right lower limb contractures, Speech and motor difficulties
- Incident date
- 22 March 2016
- Location
- Hospital operated by Metro North Hospital and Health Service
Quick facts
- Date of judgment
- 15 November 2024
- Claim type
- PIPA Medical Negligence
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 63
- Occupation
- Artist (formerly worked at major advertising firms; on disability support pension at time of injury, having stopped working around 2006 due to eyesight issues) Unemployed
- Liability
- Admitted
- Total damages
- $2,171,244
Outcome
Court of Appeal dismissed Mr Stewart's appeal seeking damages on the basis of independent living, finding no error in the primary judge's conclusion that enhanced care and therapy could be provided at the care facility with substantially the same health benefits. Cross-appeal also dismissed save for a conceded arithmetic miscalculation, reducing the award from $2,190,505.48 to $2,171,244.03 (before management fees).
Defendant
1 Metro North Hospital and Health Service
Hospital operator
- Apportionment
- 100%
- Judgment against this defendant
- $2,171,244
Key issues
Stewart v Metro North Hospital and Health Service [2024] QCA 225
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