ABC News – Medical Negligence Claims Cost Queensland $390m in Five Years, Documents Show – 29 May 2024

Medical Negligence Claims Cost Queensland $390m in Five Years, Documents Show

In short: Patients and lawyers say the medical compensation process in Queensland is flawed and time-consuming. Queensland Health Minister Shannon Fentiman says the state’s public health system is among the best in the world. What’s next? After being awarded a payout of $2.19m, Michael Stewart has lodged an appeal in the hope of being able to return home.

After 30 years as a graphic artist, Michael Stewart pictured his retirement as being full of carefree days spent painting, cooking, and enjoying the great outdoors.

But the Redcliffe father had only just begun his post-work golden years when “substandard medical treatment” resulted in injuries so severe that he now lives in a nursing home and requires round-the-clock care.

In March – almost eight years to the day since he arrived at Redcliffe Hospital’s emergency department with stomach pain and nausea – Mr Stewart was awarded $2.19 million. But that’s not enough to fund assisted living at home and so the 71-year-old’s family is appealing against the payout figure.

“This process has taken a number of years and has been very difficult for Mike and his family; however, we are committed to achieving the right outcome,” said Carol Schwarzman, Mr Stewart’s medical guardian and mother of their son Jesse.

Medical Negligence Settlements (Jan 2018 – Oct 2023)

Qld Hospital and Health Services	No. of Incidents	Medical Negligence Payouts

Permanent Damage
In Michael Stewart’s legal case, the trial was not about proving the damage done, but how much it was worth.

“[The hospital] admits it breached its duty of care to Mr Stewart, and that Mr Stewart suffered injuries as a consequence of that breach,” the court judgement read.

Mr Stewart was 63 years old when he arrived at the Redcliffe Hospital ER on March 26, 2016. The court judgement shows he was given a CT scan, which revealed early, partial small bowel obstructions and multiple hernias.

Mr Stewart, who had pre-existing medical conditions including type 2 diabetes, also complained of blurred vision, but no further action was taken on that symptom. Three days later, Mr Stewart underwent a laparotomy – abdominal surgery – that resulted in complications and further procedures.

Mr Stewart suffered bowel perforations, sepsis, and ultimately a heart attack, stroke, and brain damage. Metro North Hospital and Health Service, which oversees Redcliffe Hospital, conceded that his entire right side has been weakened, that he struggles to speak, requires a colostomy bag, and has damaged eyesight.

No Way Home
The $2.19m payout was granted to cover Mr Stewart’s out-of-pocket expenses, future care, transport, and extra support. But it was not enough to let Mr Stewart return from an aged care facility to live with his only son and dog at home.

The difference in cost between home and in care was substantial — about $1.08m to remain in care or $4.9m to be supported at home.

In his assessment of damages, Justice Sean Cooper had to weigh up Mr Stewart’s life expectancy and whether living independently would improve his health.

In his judgement, Justice Cooper found while being back home “would enhance Mr Stewart’s quality of life in an overall sense … I am not satisfied that it would be likely to result in health benefits for Mr Stewart that are significantly better than those likely to be achieved at [the aged care facility] with additional therapy and a dedicated external care assistant.”

The family has lodged an appeal and is waiting for a hearing date due later this year.

Ms Schwarzman said the fight for compensation had been long and difficult. “It’s important that Mike return to living in the community so his son can stay with him and he can have his dog with him,” she said.

The process, which culminated in a nine-day trial in late 2023, took close to four years after mediation meetings and case reviews.

Maurice and Blackburn senior associate Kirsten Van Der Wal is representing Mr Stewart’s family. She said the family’s “fight for justice” would continue until Mr Stewart was able to return home.

Lengthy Litigation
The claims process is handled by the Queensland Government Insurance Fund (QGIF), a Treasury self-insurance fund that covers the assets and liabilities of every state government department. It covers hospitals and healthcare professionals for any compensation that must be paid if a patient is injured while under their care.

By law, QGIF must act as “model litigants” and adhere to principles of fairness and firmness when it comes to compensation payments using taxpayer money.

Medical negligence lawyer David Shannon from Brisbane firm Carter Capner said his experience with medical negligence claims against Queensland Health told a different story. Mr Shannon said QGIF was often prepared to delay hearings and refuse early settlements.

“By this stage, it’s two and a half to three years after the claim was initially lodged,” he said. “Some of the clients say they can’t put up with it anymore and want to give it away. They’ve been put under pressure financially for two and a half years and there’s no light at the end of the tunnel.”

A spokesman for Queensland Treasury said QGIF relied on the advice of its legal teams. “Medical negligence matters are complex and have lasting implications for medical practitioners and patients,” the spokesman said.