John James Memorial Hospital v Keys [1999] FCA 678

FEDERAL COURT OF AUSTRALIA John James Memorial Hospital Ltd v Keys [1999] FCA 678

NEGLIGENCE – Action by elderly patient against hospital – Fall in bathroom – Patient under medication likely to cause drowsiness and confusion – Liability of hospital for any failure of communication by treating medical practitioner – State of knowledge of nursing sister.

DAMAGES – Inadequacy of award for general damages. THE JOHN JAMES MEMORIAL HOSPITAL LIMITED v DULCIE BERYL KEYS AG103 of 1998

GALLOP, WILCOX and WHITLAM JJ CANBERRA 21 MAY 1999

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG103 OF 1998

ON APPEAL FROM A JUDGE OF THE SUPREME COURT

OF AUSTRALIAN CAPITAL TERRITORY

BETWEEN: THE JOHN JAMES MEMORIAL HOSPITAL LIMITED

Appellant

AND: DULCIE BERYL KEYS

Respondent

JUDGES: GALLOP, WILCOX and WHITLAM JJ

DATE OF ORDER: 21 MAY 1999

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The cross-appeal be allowed. 3. The judgment of the trial judge be set aside. 4. Judgment be entered for the respondent in the sum of $82,448 plus costs. 5. The appellant pay the costs of the appeal and the cross-appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG103 OF 1998

ON APPEAL FROM A JUDGE OF THE SUPREME COURT

OF AUSTRALIAN CAPITAL TERRITORY

BETWEEN: THE JOHN JAMES MEMORIAL HOSPITAL LIMITED

Appellant

AND: DULCIE BERYL KEYS

Respondent

JUDGES: GALLOP, WILCOX and WHITLAM JJ

DATE: 21 MAY 1999

PLACE: CANBERRA

REASONS FOR JUDGMENT 1 THE COURT: This is an appeal against a decision of the Supreme Court of the Australian Capital Territory (Miles CJ) in an action for damages brought by the respondent (to whom we shall refer as the plaintiff) against The John James Memorial Hospital Limited ("the hospital"). The plaintiff claimed the hospital acted negligently in relation to two falls she experienced whilst she was a patient in the hospital.