Highlights:
- The man had an adverse reaction to CT scan intravenous fluid
- Hospital failed in their duty of care by ignoring his complaints
- Expert opinions are essential in public liability matters
Summary:
A Melbourne hospital has paid damages to a man who fell and broke his hip following a CT scan, after staff ignored his complaints of dizziness.
Case Details:
The client in this matter was a fit and healthy married man aged in his late 60s. He enjoyed cycling and hiking and spending time with his family.
On the day of the incident, he had attended a major Melbourne hospital for a CT scan. He put on his hospital robe, was placed on a stretcher and received an intravenous injection of an iodinated contrast medium (a type of dye) that helps produce better images.
After completing the scan, he was returned to the radiology room on his stretcher. He complained to the radiographer that he felt unwell and dizzy.
However, the radiographer showed little concern and told him he was good to go. He instructed the man to get up and get dressed. The man attempted to stand up from the stretcher but collapsed to the floor. The impact broke his hip and injured his shoulder. He was rushed to the emergency department of the same hospital, where he underwent hip replacement surgery.
The incident had a significant impact on the man’s quality of life. He was no longer able to cycle and required a walking stick. He gained weight and suffered constant pain.
Carbone Lawyers made a medical negligence claim against the hospital for Pain and Suffering.
As only two people were in the room at the time, the radiographer and the patient, liability for the injury was fiercely contested. The hospital claimed that the man had chosen to get up and, therefore, had contributed to his injuries. They also said that adverse reaction to the intravenous solution was rare.
However, Carbone Lawyers argued that a man of his age in those circumstances would not get up from a hospital bed unless specifically instructed to do so by someone in authority.
The firm also presented an expert opinion on recovery processes by a registered nurse supporting the claim that symptoms of dizziness were not uncommon following CT scans.
Outcome:
The hospital conceded liability, and the man received a significant settlement of hundreds of thousands of dollars for pain and suffering, reimbursements, future medical expenses and gratuitous care to cover the cost of the man’s wife, who would become his carer.
*The exact figure is subject to confidentiality.