On 18 July 2020, a patient from Wollongong Hospital was being transferred from a CT scan back to the ICU by two staff members the day after a back surgery. The staff member at the foot of the bed let go of the bed in order to open the doors, the end of bed was not being directed and it hit the wall to the side of the doors.
The patient reports feeling, “a shock through his body; he slid down the bed, his feet came into contact with the footboard.” And immediate pain and numbness which worsened over time.
The question was whether the staff were negligent in letting go of the bed end, and whether the act of the bed hitting the wall materially contributed to the injury.
On 21 July 2023 Acing Judge Ainslie-Wallace in the NSW District Court found the Wollongong Private Hospital was liable in negligence for the conduct of their employees, as it was more probable than not that the staff’s conduct materially contributed to the injuries of his lower back.
The Plaintiff was awarded $833,873.00 in damages as he was unable to return to work as a result of the injuries.
If you require any assistance with a personal injury matter, please reach out to Director Jon May on 02 6188 3600.