SOUTH WESTERN SYDNEY AREA HEALTH SERVICE v RITCHIE [1998] NSWCA 213

SOUTH WESTERN SYDNEY AREA HEALTH SERVICE v RITCHIE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, MEAGHER and STEIN JJA 16 October 1998, 13 November 1998

[1998] NSWCA 213 Negligence — Pt28 r9 District Court Rules.

FACTS

The respondent, a chronic sufferer of asthma, was admitted to the Liverpool Hospital for treatment of a severe attack of asthma, on 19 January 1994. The treatment included the insertion of a peripheral line into the cubital fossa area on her left arm for the administration of adrenaline, where it remained for six days. As a result, the respondent/plaintiff suffered damage by way of severe scarring caused by the leakage of adrenaline into the flesh below the insertion area. It was the failure of the hospital to replace this peripheral line with a central line within the first few hours which gave rise to a finding of negligence from which the appellant appeals. The appellant argues rulings made in favour of the respondent in relation to Pt28 r9 of the District Court Rules deprived the respondent of putting evidence of its case before the Court.

HELD

By Meagher JA, Priestley, Stein JJA agreeing:

Despite the erroneous ruling of the trial judge on evidence and the effect of these rulings being that the Hospital was deprived of the opportunity of presenting its case to the Court, the evidence which would have been adduced could have made no difference. This is because the evidence so adduced would have been limited to events which took place after the damage was done and the negligence complete.

Priestley JA I agree with Meagher JA.

Meagher JA This is an appeal from a decision of Naughton ADCJ who found Liverpool Hospital negligent in its treatment of Mrs Donna Leigh Ritchie. She, unfortunate lady, was a severe asthma sufferer.

Although only born in 1965, by 19 January 1994 she had had 30 or 40 hospital admissions for severe episodes of asthma. On that day she suffered another severe attack. In the morning, her husband drove her to Liverpool Hospital where she was given some medication but not admitted. That afternoon, her condition deteriorated. Her husband drove back to hospital to the Emergency Department where she was admitted at 6.22pm. She was described by the hospital as being "very bad". She suffered respiratory arrest. She was unconscious from 19 January to 25 January.