Miss-Delectable
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AdelaideNow... QEH to pay out $288,000 to young woman left deaf
THE Supreme Court has increased the damages bill that the Queen Elizabeth Hospital must pay to a young woman left partially deaf because of its negligence.
In December 1999, Dayna Curtis went to the QEH suffering severe headaches, nausea and dizziness.
Ms Curtis was sent home after staff said she had a migraine and failed to diagnose that she was suffering bacterial meningitis.
In March this year, a District Court judge awarded Ms Curtis $222,546 after ruling the hospital was negligent and that the delay in treating the meningitis led to her going deaf in the right ear.
The QEH appealed to the Full Court of the Supreme Court, which today again ruled in Ms Curtis' favour and bumped up the payout to $288,846.
Justice Tom Gray said he could not accept the QEH's argument that Ms Curtis' hearing loss was no more than "inconvenient" and "sometimes limiting".
"I reject the submission that the effects of Ms Curtis' deafness can be characterised simply as inconveniences ... Ms Curtis will suffer the consequences of this injury throughout her life," Justice Gray found.
The QEH must also pay Ms Curtis' legal costs - amounting to tens of thousands of dollars.
Ms Curtis said that while relieved at the outcome, she was disappointed that it took nine years to achieve.
"They should have prevented this in the first place when they wheeled me out of the hospital ... if a young person who is otherwise healthy cannot walk they shouldn't let them go," Ms Curtis said.
Ms Curtis, who was supported in court by her mother Lou-Anne, said she was disappointed that the hospital had not admitted its mistake.
Ms Curtis said that if she'd had to pay up-front legal costs, she would never have been able to pursue her claim.
"Being so powerful they were able to keep it going and appeal and I don't think they expected someone little like me coming up and taking them on," Ms Curtis said.
"I am just relieved this is over now, it has been going on for years and I would like to thank Turner Freeman and mum for their support."
Ms Curtis' lawyer, Virginia Hart SC, said the appeal decision was a "victory for little people."
THE Supreme Court has increased the damages bill that the Queen Elizabeth Hospital must pay to a young woman left partially deaf because of its negligence.
In December 1999, Dayna Curtis went to the QEH suffering severe headaches, nausea and dizziness.
Ms Curtis was sent home after staff said she had a migraine and failed to diagnose that she was suffering bacterial meningitis.
In March this year, a District Court judge awarded Ms Curtis $222,546 after ruling the hospital was negligent and that the delay in treating the meningitis led to her going deaf in the right ear.
The QEH appealed to the Full Court of the Supreme Court, which today again ruled in Ms Curtis' favour and bumped up the payout to $288,846.
Justice Tom Gray said he could not accept the QEH's argument that Ms Curtis' hearing loss was no more than "inconvenient" and "sometimes limiting".
"I reject the submission that the effects of Ms Curtis' deafness can be characterised simply as inconveniences ... Ms Curtis will suffer the consequences of this injury throughout her life," Justice Gray found.
The QEH must also pay Ms Curtis' legal costs - amounting to tens of thousands of dollars.
Ms Curtis said that while relieved at the outcome, she was disappointed that it took nine years to achieve.
"They should have prevented this in the first place when they wheeled me out of the hospital ... if a young person who is otherwise healthy cannot walk they shouldn't let them go," Ms Curtis said.
Ms Curtis, who was supported in court by her mother Lou-Anne, said she was disappointed that the hospital had not admitted its mistake.
Ms Curtis said that if she'd had to pay up-front legal costs, she would never have been able to pursue her claim.
"Being so powerful they were able to keep it going and appeal and I don't think they expected someone little like me coming up and taking them on," Ms Curtis said.
"I am just relieved this is over now, it has been going on for years and I would like to thank Turner Freeman and mum for their support."
Ms Curtis' lawyer, Virginia Hart SC, said the appeal decision was a "victory for little people."