Category: Duty of Care
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In Queensland v Masson [2020] HCA 28, the High Court considered whether the State was liable in negligence for its paramedic’s omission to promptly administer Adrenaline to Masson, who sustained severe brain damage after an asthma attack.
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In this failure to warn case, Wallace v Kam (2013) 250 CLR 375, the High Court unanimously dismissed the appeal holding that Dr Kam was not liable for Wallace’s neurapraxia, as Wallace would have proceeded with surgery regardless of being warned about the specific risk.
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In Hegarty v Queensland Ambulance Service [2007] QCA 366, a paramedic developed psychiatric injuries after exposure to numerous traumatic events at work. The Court of Appeal allowed the State’s appeal, dismissing the employee’s actions, concluding it was difficult for supervisors to recognise his psychological distress despite training.
