The woman sued Calvary Healthcare ACT in the ACT Supreme Court. Photo: Lizzie Waymouth.
A pregnant woman discharged from Calvary Hospital while still in pain before she had to return due to complications with her pregnancy has won the medical negligence case she launched.
Last week, the ACT Supreme Court awarded her more than $118,000 against Calvary Healthcare ACT.
The woman previously had two miscarriages, as well as her first ectopic pregnancy, which is when a fertilised egg grows outside of the uterus, resulting in the removal of one fallopian tube. She did give birth to a child after this surgery.
Then in July 2019, she was in her late 20s and five weeks pregnant when she went to the then-Calvary Hospital in north Canberra in pain, bleeding and scared she might be suffering from a second ectopic pregnancy, Justice Belinda Baker said in her recently released sentencing remarks.
“If untreated, an ectopic pregnancy can be dangerous and can result in death,” the judge said.
“It is clearly foreseeable that a patient may suffer both physical and emotional harm if the patient is not provided with appropriate care in connection with that condition.”
She was discharged from hospital the next day, but her pain increased until it was excruciating and she returned the following morning when she was diagnosed with an ectopic pregnancy.
She went into surgery and her second fallopian tube was removed.
Justice Baker said the woman hadn’t been given an opportunity to remain in the hospital.
“She was informed that she was being discharged, and was simply told to return to the hospital if her pain or bleeding increased, or if she passed out,” she said.
The woman sued Calvary Healthcare, arguing that if she had been in the hospital when her pain increased, a successful operation could have been performed that might not have meant the loss of her second fallopian tube.
If this weren’t possible, she at least would not have sustained post-traumatic stress disorder, which she said was caused by distress and fear in the lead-up to the second surgery.
Lawyers for Calvary argued that hospitals routinely discharged people when their clinical conditions had not resolved. They also argued the woman was given clear advice to return if her pain worsened.
But Justice Baker was satisfied on the balance of probabilities that Calvary Healthcare breached its duty of care to the woman.
This was because it hadn’t discussed whether the woman wanted to remain for observation and pain management, and didn’t provide her with enough information on ectopic pregnancies, nor about the need to return to the hospital immediately if there was an increase in pain or bleeding.
The judge was satisfied that this breach caused the woman to suffer physical and psychological harm.
The woman was discharged while still in pain, despite complaining of six out of 10 pain earlier that day.
“The advice given to the plaintiff to return to hospital in the event of an increase in pain was undermined by the inadequate advice that was provided to the plaintiff; in particular, the failure to explain to her that she remained at high risk of an ectopic pregnancy, and the failure to explain to her why it was important that she return to hospital in the event of any increase in pain,” Justice Baker said.
She awarded the woman, whom Region has chosen not to name, $118,306 in general damages, interest, economic loss and psychological treatment.
She said she would hear from the parties about legal costs.
“As this is a matter that’s still before the court, Canberra Health Services cannot comment on this case,” a health services spokesperson said when contacted for comment.
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