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AAP
AAP
National
Rex Martinich

Man awarded millions after hospital causes brain damage

A patient has been awarded more than $2 million over botched abdominal surgery. (HANDOUT/ST VINCENT'S HOSPITAL)

A man has been awarded more than $2 million in compensation after suffering a stroke and brain damage resulting from improper treatment at a Queensland hospital.

The man, aged in his early 70s, worked as an illustrator for major advertising firms in New York City before moving to Queensland with his family in 2005.

His ligation guardian sued Metro North Hospital and Health Service after his bowel was perforated twice during a laparotomy procedure at Redcliffe Hospital, north of Brisbane, in 2016.

The Brisbane Supreme Court on Wednesday found in favour of the man following hearings in October and November 2023.

Justice Sean Cooper awarded the man $284,700 in general damages, more than $1.3 million for medical expenses and ongoing care with $583,000 for costs already incurred under Medicare.

"Metro North Hospital and Health Service admits that it breached its duty of care to (the man), and that (the man) suffered injuries as a consequence of that breach," Justice Cooper said.

The abdominal surgery was performed on the man with the intent to diagnose and treat the source of his pain.

The bowel injuries led to a range of health impacts and multiple further surgeries, with the man suffering vision loss, internal bleeding, a blood clot, a major stroke and brain damage.

He now suffers from difficulties with speaking and understanding speech, has impaired motor skills and vision, and uses a colostomy bag and motorised wheelchair.

The man's legal team had originally filed a claim for $6.5 million and Metro North had submitted that $827,000 was the limit of its liability.

Following testimony from multiple experts, Justice Cooper found the man's life expectancy had been reduced by nine months compared to his condition prior to the injuries, which included being a heavy smoker with multiple pre-existing conditions.

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