Hypothetical by Manny Wood published on 18 July 2020.

In February 2019, Laura was admitted to hospital for abdominal pain, vomiting and diarrhoea. Upon admission, she underwent blood tests and a CT scan of her abdomen which lead to a diagnosis of Crohn’s disease. She was discharged later that afternoon.

Three months later, she was re-admitted due to experiencing an exacerbation of symptoms.

She was treated with intravenous fluids and transferred to the general ward. Whilst in the general ward, her family raised concerns with the nursing staff about her ongoing pain.

Laura was assessed by the medical emergency team and diagnosed with severe dehydration, a mild acute kidney injury and hyperkalaemia. She was subsequently transferred to the Intensive Care Unit, where she suddenly died due to liver failure, with multi organ dysfunction, secondary to dehydration.

Laura’s husband, Paul was so distressed by his wife’s sudden death that he developed major depression. A year following his wife’s death, he was still seeing a Psychologist weekly and taking anti-depressant medication, which affected his ability to work and socialise.

Paul sought legal advice and was told he could pursue a claim for nervous shock against the hospital to compensate him for the psychological harm suffered as a result of witnessing his wife’s sudden death. The success of his case would rest on being able to establish that the hospital was negligent in failing to properly diagnose or treat Laura when she first presented to hospital.

Paul commenced proceedings in the District Court. He relied on evidence provided by an expert in emergency medicine, who believed Laura had suffered from mesenteric ischemia, a condition affecting her small intestine. The hospital would have correctly diagnosed this condition had they examined Laura’s superior mesenteric artery. The Hospital defended their position on the basis that ordering a CT scan of her abdomen was all that was reasonable in the circumstances.

The Court upheld Paul’s case, finding that the hospital was negligent in failing to examine the artery. By failing to correctly diagnose and treat her condition, the hospital breached its duty of care to Laura and her husband.

Paul was awarded $150,000 in compensation and the hospital ordered to pay his legal costs.

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