The recent ruling in the case of Fuller v Australian Capital Territory marks a significant win for medical negligence accountability. The Australian Capital Territory Court of Appeal has delivered a decisive decision, overturning the decision of the Supreme Court by a single judge and remitting the case for an assessment of damages.
Case Overview
Case Title: Fuller v Australian Capital Territory
Citation: [2024] ACTCA 19
Hearing Date: 22 August 2023
Decision Date: 5 July 2024
Panel: McCallum CJ, Baker and Taylor JJ
Key Findings
- The Appeal is Allowed: The Court of Appeal overturned the previous judgment, favouring the appellant, Bronwyn Fuller.
- Orders Set Aside: The orders made on 22 December 2022 were set aside.
- Judgment for the Appellant: Judgment was entered in favour of Bronwyn Fuller.
- Remitted for Assessment of Damages: The case was remitted to the primary judge of the Supreme Court for an assessment of damages, including for radiculopathy.
Background of the Case
The case involved a medical negligence claim following a planned caesarean section at Canberra Hospital on 14 February 2020. During the procedure, a needle broke while being used to administer spinal anaesthetic. This incident led to significant physical and psychological injuries for Bronwyn Fuller, the appellant.
The Allegations
Ms Fuller alleged that the spinal needle broke because of the anaesthetist’s negligence resulting in her suffering psychological, neurological, and physical injuries. Despite the prompt surgical removal of the broken needle, Ms Fuller had to delivery her baby via general anaesthetic and experienced ongoing issues, including radiculopathy—a nerve injury leading to pain and numbness.
Supreme Court’s Analysis
- In considering whether the anaesthetist’s clinical care fell below an acceptable standard, the primary issue was whether the anaesthetist should have replaced the spinal needle after unsuccessful attempts to administer the anaesthetic and whether the failed administration of the spinal anaesthetic directly caused the appellant’s injuries, including radiculopathy. The Court, at first instance, dismissed Ms Fuller’s claim finding that:
- Ms Fuller had not established that the medical professionals involved in her care were negligent.
- Although the spinal needle broke during the procedure, there was no evidence to suggest that the anaesthetist used excessive force or applied the needle in a “negligent” manner.
- Expert evidence presented during the trial, indicated that it was not uncommon for multiple attempts to be made with the same spinal needle and that such practice fell within the range of acceptable medical conduct.
- Expert evidence noted that whilst it is ideal to replace the needle after several unsuccessful attempts, it is not always done, and doing so was not a strict requirement under the standard of care.
- The incident caused psychological harm, but Ms Fuller did not establish that the incident caused the claimed neurological injury.
- There was no breach of duty because the actions of the anaesthetist fell within the standard of competent professional practice.
Decision and Implications
It was found on appeal that the primary judge had erred in several respects, particularly in the reliance on the evidence of a particular witness and the assessment of the standard of care. The appellate court determined that the judge did not fully consider the nuance of the expert evidence, particularly regarding the decision not to replace the spinal needle after multiple failed attempts, which increased the risk of harm. The Court also found that the original judge did not adequately assess the likely seriousness of the harm, the small burden of taking precautions, and the overall context of the procedure. Additionally, the Court recognised that the scope of liability should include the neurological injury (radiculopathy) suffered by the appellant, leading to the case being remitted for an assessment of damages to the primary judge who heard the matter in the Supreme Court.
How The Law Office of Conrad Curry Can Help
If you have suffered due to medical negligence, the experienced team at The Law Office of Conrad Curry can provide the legal support you need. We are committed to fighting for your rights and ensuring that you receive the compensation you deserve. Contact us today to discuss your case and take the first step towards justice.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.
