Decision in case involving an out-of-control wheeled hospital bed

We were interested to read the recent decision in Graham Cleary v Health Care Corporation Pty Ltd t/as Wollongong Private Hospital [2023] NSWDC 263. 

In that case, Mr Cleary was being wheeled on his hospital bed for a CT scan following the surgical removal of a bone spur on his spine. The hospital staff lost control of the hospital bed and it crashed into a wall. 

It was the plaintiff, Mr Cleary’s case that the impact caused a graft fragment to be expelled from his vertebrae and to come to rest on the outer vertebral surface under the L5 nerve. The defendant’s case was that the force was too minor to have caused the bone graft to be expelled from the site. 

The judge found in favour of the plaintiff, saying “I do not accept that it was “small” or “minor” in its effect and there is no evidence that the graft material was otherwise precariously placed”. 

The plaintiff succeeded in his claim and damages were awarded. 

Recent Articles

Conrad Curry

When Can You Sue a Professional in NSW?

Professional Negligence
15 July 2026
Conrad Curry

Step-by-Step Litigation Guide for Clients in NSW

General
15 July 2026
Tom Hunter-Leahy

Podiatrist Deregistered After Repeatedly Breaching Practice Conditions

Professional Misconduct
10 July 2026