Trinet Ruth Wilson v Gold Coast Hospital and Health Service
[2023] QSC 135 · Ryan J
Trinet Wilson was a registered nurse at Robina Hospital working in a ward with many elderly dementia patients. In March 2016, while helping restrain an aggressive patient so a colleague could give an injection, she twisted and arched her back to avoid being kicked and injured her sacroiliac joint. The injury caused chronic, debilitating pain that ended her nursing career and led to depression. The hospital argued it had done enough and that her earlier spinal surgery and existing joint degeneration meant she would have developed similar symptoms anyway. The court found the hospital negligent because it never told nurses to leave physical restraint to security staff, and because only two security officers attended instead of the required three. The judge accepted the plaintiff would probably have worked to retirement but applied a 50% discount to future earnings to reflect the chance her degeneration would have become disabling regardless. She was awarded $1,634,418.55 in total damages.
Incident & injury
While restraining an aggressive dementia patient during medication administration, the plaintiff hyperextended and twisted her body to avoid being kicked and to avoid a thrown object, injuring her right sacroiliac joint.
Read the findings as text
- Nurses left to restrain. Two security officers, not three.
- Breach of duty. 50% discount for degeneration.
- $1,634,419 awarded. [2023] QSC 135.
- Body regions
- Lumbar / thoracic spine, Sacroiliac joint/pelvis, Psychiatric, Lower limb (nerve symptoms in right foot)
- Diagnoses
- Aggravation of right sacroiliac joint degeneration, Sympathetic nervous system disorder affecting right lower extremity, Somatic Symptom Disorder, Adjustment Disorder with Mixed Anxiety and Depressed Mood
- Incident date
- 12 March 2016
- Location
- Robina Hospital, Gold Coast
Quick facts
- Date of judgment
- 23 June 2023
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- ~39 (inferred)
- Occupation
- Registered nurse Professional
- Liability
- Disputed
- ISV assessed
- 20 · Item 126 WCRR Schedule 9 - moderate pelvis or hip injury
- Whole Person Impairment
- 15%
- Total damages
- $1,634,419 97th percentile · WCRA Common Law matters (n=29)
Outcome
The court found the defendant hospital negligent in failing to instruct the plaintiff nurse not to participate in patient restraint and in the security officers' failure to call for a third officer. Judgment was entered for the plaintiff for $1,634,418.55, with a 50% discount applied to future economic loss for the contingency that her pre-existing sacroiliac degeneration would have become symptomatic anyway.
Defendant
1 Gold Coast Hospital and Health Service
Employer
- Apportionment
- 100%
- Judgment against this defendant
- $1,634,419
Heads of damage
| General damages | $25,150 |
|---|---|
| Past economic loss | $473,548 |
| Interest on past EL | $50,926 |
| Past superannuation | $60,377 |
| Future loss of economic capacity | $800,000 |
| Future superannuation | $95,040 |
| Past special damages (plaintiff) | $78,556 |
| Future special damages | $29,000 |
| Fox v Wood | $21,821 |
| Subtotal before refunds | $1,634,419 |
Key issues
Trinet Ruth Wilson v Gold Coast Hospital and Health Service [2023] QSC 135
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