A man, who was rendered a paraplegic during surgery, and successfully sued the orthopaedic surgeon and anaesthetist for more than $3.8m at first instance, has had his judgment partially overturned on appeal, with the orthopaedic surgeon successfully appealing the lower court findings. The court upheld the finding of liability against the anaesthetist.
Background
Brendan Hobson was born with Noonan Syndrome, a genetic disorder that prevents normal development in various parts of the body. For Mr Hobson, his chest was affected and he gradually developed difficulties in breathing. By November 2009, Mr Hobson was admitted to Royal North Shore Hospital for a series of operations. The first operation took place on 13 November 2009. A second operation took place on 17 November 2009. During the course of the second operation, Mr Hobson suffered a hypotensive insult to his spinal cord (a spinal cord stroke) that rendered him a paraplegic.
Initial proceedings
Mr Hobson commenced proceedings in the Supreme Court of New South Wales against Dr Gray, the orthopaedic surgeon who performed the operation and Dr Sparks, the attending anaesthetist, in negligence and claimed damages. Mr Hobson alleged that during the operation his vital signs had deteriorated rapidly and that although a decision was made to abort the surgery, the operation ought to have been aborted earlier when it first became apparent that his condition was critically and quickly deteriorating. He alleged that the doctors negligently persisted with the surgery to the point where the irreparable damage to his spinal cord occurred.
His Honour Harrison J found both Dr Gray and Dr Sparks negligent and awarded damages in the total sum of $3,828,075 plus costs.
On appeal
Drs Gray and Sparks each appealed against the primary judge’s decision on liability and limited aspects as to damages.
By majority, the court dismissed Dr Sparks’ appeal and upheld the primary judge’s findings that liability had been established.
In relation to Dr Gray’s appeal, the court found that Dr Gray was entitled to rely on Dr Sparks to inform him of anything of concern. Nothing was brought to his attention as to Mr Hobson’s carbon dioxide level and without which Dr Gray was not negligent in failing to terminate the operation. Accordingly, the court upheld Dr Gray’s appeal.
Sparks v Hobson; Gray v Hobson [2018] NSWCA 29.
For more information on the above contact Joe Bonura on (02) 4626 5077 or jbonura@marsdens.net.au.
This article first appeared in the CCH Australian Tort, Personal Injury, Health and Medical Law Tracker and is reproduced in full with permission from CCH, a division of Wolters Kluwer Australia: www.wolterskluwer.cch.com.au
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