Ambulance Service of NSW v Worley [2006] NSWCA 102

New South Wales Court of Appeal

CITATION: Ambulance Service of NSW v Worley [2006] NSWCA 102

HEARING DATE(S): 10/04/06-12/04/06

JUDGMENT DATE: 3 May 2006

JUDGMENT OF: Tobias JA at 1; McColl JA at 2; Basten JA at 3

DECISION: (1) Appeal allowed; (2) Judgment of trial judge set aside and in lieu thereof order that judgment be entered for the defendant; (3) Order that the Respondent pay the costs of the Appellant of the appeal and in the Court below; (4) Grant the Respondent a certificate under the Suitors' Fund Act 1951 (NSW)

CATCHWORDS: NEGLIGENCE – duty of care owed by paramedic to patient - postman stung by bee developed allergic reaction and suffered severe shock – paramedic administered adrenaline intravenously – whether paramedic following protocol – whether open to paramedic to administer adrenaline intramuscularly – whether patient 'in extremis' - whether dosage too high or too frequent – whether failure to monitor patient properly – whether Ambulance Service vicariously liable - NEGLIGENCE – duty of care owed by Ambulance Service to patient – standard of care in preparing and promulgating protocol to be followed by paramedics – whether Ambulance Service exercised due care in preparing protocol – whether protocol should have provided for the administration of adrenaline intramuscularly where patient not on the point of death - whether scientific evidence supported the view that a change to the protocol was reasonably required - DAMAGES – consideration of Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether amount paid under that Act arose out of the bee sting, rather than the intracranial haemorrhage – whether injury identified as bee sting involved a valid determination under s14 of the Act – Griffiths v Kerkemeyer damages – past gratuitous services - whether award was appropriate – funds management – whether need for such assistance itself flowed from tortious conduct