Stewart v Metro North Hospital and Health Service
[2024] QSC 41 · Cooper J
Mr Stewart was a 63-year-old former artist who suffered catastrophic injuries while being treated at Redcliffe Hospital in 2016. Negligent care led to bowel perforations, sepsis, a cardiac arrest and a stroke, leaving him with severe brain damage, paralysis on his right side, loss of speech and a colostomy. He now lives in an aged care facility. The hospital admitted it was at fault, so the only dispute was how much money he should receive. Two main questions were how long he was likely to live (the court accepted about five years) and whether his damages should be calculated on the basis of moving into his own home with full-time carers, or staying in his current facility with extra paid help. The court decided staying at the facility with enhanced care would give him almost the same health benefits at far less cost, so it was not reasonable to fund a move home. The court awarded a total of $2,190,505.48, before fund management fees.
The plaintiff would later take issue with weighing only the health benefits against the cost, and filed an appeal.
Incident & injury
Negligent treatment as a hospital patient (delayed surgical/neurological management) leading to bowel perforations, sepsis, cardiac arrest and stroke causing brain damage
- Body regions
- Brain / head, Brain, Neurological, Visual, Musculoskeletal (right upper and lower limb), Gastrointestinal
- Diagnoses
- Extreme brain injury, Hemiparesis, Receptive and expressive aphasia, Right shoulder subluxation, Right homonymous hemianopia, Colostomy, Right limb contractures, Speech and motor difficulties
- Incident date
- 25 March 2016
- Location
- Redcliffe Hospital, Queensland
Quick facts
- Date of judgment
- 20 March 2024
- Claim type
- PIPA Medical Negligence
- Proceeding
- Damages assessment
- Plaintiff outcome
- Successful
- 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
- ISV assessed
- 85 · Item 5.1 (Extreme brain injury), Sch 4 Civil Liability Regulation 2014 (Qld)
- Whole Person Impairment
- 96%
- Total damages
- $2,190,505
Outcome
Liability admitted; the dispute was on quantum. The court assessed damages on the basis that the plaintiff would continue to reside in his aged care facility with enhanced external care rather than moving to his own home, and adopted a life expectancy of 5 years. Judgment for the plaintiff in the sum of $2,190,505.48, before management fees.
Defendant
1 Metro North Hospital and Health Service
Hospital/Health Service
- Apportionment
- 100%
- Judgment against this defendant
- $2,190,505
- Medicare refund
- $583,160
Heads of damage
| General damages | $284,700 |
|---|---|
| Future care | $1,081,896 |
| Past special damages (plaintiff) | $36,500 |
| Future special damages | $204,250 |
| Subtotal before refunds | $2,190,505 |
Key issues
Stewart v Metro North Hospital and Health Service [2024] QSC 41
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