McManus v Murrumbidgee Local Area Health Network [2016] NSWSC 1347

Supreme Court New South Wales

Medium Neutral Citation: McManus v Murrumbidgee Local Area Health Network [2016] NSWSC 1347 Hearing dates: 2 and 3 March 2015, 5 and 6 September 2016 Date of orders: 27 September 2016 Decision date: 27 September 2016 Jurisdiction: Common Law Before: Harrison J Decision: (1) Subject to order (3), verdict for the plaintiff for $1,785,498. (2) Order the defendant to pay the plaintiff's costs. (3) Direct the parties within 14 days to consider these reasons and to indicate whether or not there is agreement that there should be a verdict for the plaintiff in the amount specified in order (1) or some other amount. Catchwords: PROFESSIONAL NEGLIGENCE – medical negligence – assessment of damages – psychiatric injury following death of plaintiff's baby – post-traumatic stress disorder – depression and anxiety – whether plaintiff suffered organic brain damage – prospects of recovery – effect of resolution of court proceedings on recovery Category: Principal judgment Parties: Sharon McManus (Plaintiff) Murrumbidgee Local Area Health Network (Defendant) Representation: Counsel: A J Bartley SC with R Ingram (Plaintiff) M Fordham SC (Defendant)

Solicitors: Commins Hendriks Pty Ltd (Plaintiff) Curwoods Legal Services Pty Ltd (Defendant) File Number(s): 2011/104245 Publication restriction: Nil

Judgment 1. HIS HONOUR: Sharon McManus sues for damages for nervous shock following the death of her son. She alleges that the defendant failed properly to monitor her labour or to manage her antenatal period and delivery with the result that her unborn child died soon after birth and in circumstances that could and should have been avoided by an earlier Caesarean intervention. 2. Liability is admitted. 3. Ms McManus and her husband provided statements and also gave oral evidence. They were cross-examined respectfully and appropriately by Mr Fordham of senior counsel for the defendant. The balance of evidence in the proceedings consisted of a statement from Ms McManus' mother and statements from two of her friends, as well as medical reports from her treating psychiatrist and other qualified medical and related specialists. A conclave of some of these experts produced a series of extremely helpful joint reports to some of the details of which it will be necessary shortly to refer. The defendant relied solely upon the several detailed reports of psychiatrist Dr Lisa Brown. No other evidence was called by the defendant. 4. It is not disputed that Ms McManus is seriously unwell. The cause of her condition is also not in question. The only issues that remain in these proceedings concern her likely prognosis and the related issue of the amenability of her condition to treatment. Upon the answers to these questions depend the usual collateral issues that influence a proper assessment of Ms McManus' damages in several categories.