The plaintiff, an 84-year-old woman, suffered a stroke.
Upon her arrival at the Cairns Hospital (which the second defendant operates), the medical team (including the first defendant, an experienced neurologist) treated the plaintiff with thrombolysis. She survived but, despite that treatment, was paralysed. The plaintiff claimed her treatment, not the stroke, caused the paralysis. In an action for medical negligence, commenced and conducted by her brother (her appointed attorney) the plaintiff claimed in excess of $4million in damages.
After a four-day liability-only trial in the Supreme Court at Cairns, Henry J dismissed the claim ex tempore.
Matthew Hickey appeared for the successful first and second defendants, instructed by Minter Ellison.
The judgment can be read by clicking here