Michael Stewart by his litigation guardian Carol Schwarzman v. Metro North Hospital and Health Service (ABN 184 996 277 942)

Lower Court Judgment

15/11/2024 Supreme Court of Queensland (Court of Appeal) (Mullins P, Boddice JA and Ryan J)

[2024] QCA 225

Catchwords

Torts - Assessment of damages– Cost of future care – Location – Where the appellant suffered personal injuries arising from his treatment as a patient at a hospital operated by the respondent – Where, at trial, the respondent admitted duty, breach and causation – Where the assessment of damages for the injuries was at issue – Where the primary judge awarded damages in the sum of $2,190,505.48, before management fees to the appellant – Where the basis of the primary judge’s award of damages was to provide enhanced care and therapy while the appellant resided at a care facility – Where the appellant sought significantly higher damages, on the basis the appellant has communicated a desire to live independently, rather than in a care facility – Whether the primary judge erred in assessing damages.