Supreme Court of Queensland proceedings were commenced on Ms Masson’s behalf by her litigation guardian claiming damages in negligence against the State of Queensland (“the State”) as the provider of ambulance services under the name Queensland Ambulance Service (“QAS”). It was alleged that the ambulance officers’ failure to promptly administer adrenaline to Ms Masson was a negligent omission for which the State was vicariously liable. The failure was said to be contrary to the instructions in the QAS Clinical Practice Manual. Alternatively, it was alleged that, if the officers were not themselves negligent, the training and instruction given to them by the QAS was inadequate such that the State bore direct liability for the failure to administer adrenaline to Ms Masson earlier. Following Ms Masson’s death, the claim survived in the hands of her estate and proceeded to the Court of Appeal and then the High Court.
Shane Doyle QC and Roger Traves QC (with C J Fitzpatrick) appeared for the State of Queensland, instructed by Crown solicitor (Qld).
A detailed summary of the matter is available here.
Summary of the special leave application and the reported judgment are available here.
The High Court judgment is published here.
