Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 25 January 2020.
Bill was planning an expedition to explore the Australian outback. On his way to the outdoor-gear store, he was involved in a serious motor vehicle accident which resulted in him requiring immediate life-saving surgery.
Bill was conveyed to the nearest hospital and placed under the care of Dr Simpson, Surgeon. Before commencing surgery, the theatre Anaesthetist, Dr Gerald, needed to place Bill under anaesthetic. The anaesthetic was stored in a glass vile which itself was placed in disinfectant liquid to ensure its exterior was sterile.
Unfortunately, there were microscopic cracks in the vile and the disinfectant seeped into the anaesthetic. Unbeknownst to Dr Gerald, he proceeded to inject Bill with the contaminated anaesthetic and as a result of this error, Bill suffered nerve corrosion and paraplegia, being the permanent impairment of the motor functions of his lower extremities.
Bill sued the hospital for medical negligence, seeking in excess of $1 million. The hospital did not deny “causation” but argued they were not liable for negligence, as it was not widely known at the time of the attempted procedure that microscopic cracks could occur. Bill argued that the disinfectant should have been dyed a darker colour so that it would be easy to identify whether any had seeped into the anaesthetic.
The Court ultimately ruled in favour of the hospital and held it was not reasonable at that time to expect the defendant to be aware of the possibility that there could be cracks in the vile. The reasonableness of the defendant’s actions had to be assessed at the time of conduct, not at the time the matter reached litigation. Bill was therefore unsuccessful and ordered to pay the defendant’s costs.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
