Payout set for patient harm
A Queensland nurse has been awarded $1.6 million in damages for injuries from a violent patient.
Nurse Trinet Ruth Wilson has been granted compensation after suing the Gold Coast Hospital and Health Service (GCHHS) over an injury sustained while dealing with a dementia patient.
The incident occurred in March 2016 at Robina Hospital, where Ms Wilson suffered a back injury while trying to restrain a thrashing patient.
During the trial at the Supreme Court of Brisbane, it was revealed that several “Code Blacks” had been activated, indicating personal threats or serious safety risks, related to the patient before the incident took place.
Ms Wilson was found to have leaned over the patient's bed to hold down her legs, enabling the administration of a calming injection.
However, after releasing the patient, she unexpectedly lashed out, causing Ms Wilson to quickly arch back and twist to avoid the blow.
Unfortunately, this movement resulted in a debilitating injury that has left Ms. Wilson unable to work, leading to her reliance on a disability support pension.
GCHHS argued that there was no foreseeable risk of injury, and they were not aware, or should have been aware, of any significant risk.
The services also claimed that Ms Wilson's pre-existing back injury would have caused similar symptoms, hindering her ability to work and enjoy life regardless of the incident.
Conversely, Ms Wilson argued that GCHHS was negligent in failing to instruct her to leave patient restraint to security officers and in the security officers’ failure to call for additional help during the incident.
Supreme Court Justice Soraya Ryan ruled in favour of Ms Wilson, finding the health service negligent on both counts.
Justice Ryan highlighted the significant pain and suffering endured by Ms Wilson, stating that her loss of amenity of life was notable.
Consequently, she awarded Ms Wilson a total of $1,634,418.55 in damages, encompassing past and future economic losses, medical expenses, superannuation loss, and additional compensation.
Following the ruling, both parties have been given 21 days to submit written arguments regarding costs.