Full Court Minute Books

Case B63/2019

State of Queensland v. The Estate of the Late Jennifer Leanne Masson

Case No.

B63/2019

Case Information

Lower Court Judgment

10/05/2019 Supreme Court of Queensland (Court of Appeal) (Fraser JA, P D McMurdo JA, Boddice J)

[2019] QCA 80

Catchwords

Torts – Negligence – Where appellant suffered severe asthma attack – Where ambulance officer treated appellant initially with salbutamol and later with adrenaline – Where appellant suffered hypoxic brain damage and died without regaining consciousness 13 years later – Where ambulance officer’s manual instructed officer to “consider adrenaline”, not salbutamol – Whether Court of Appeal erred in overturning trial judge’s conclusions that ambulance officer had considered administration of adrenaline in accordance with manual, and that responsible body of opinion in medical profession supported administration of salbutamol – Whether Court of Appeal erred in holding that ambulance officer immediately rejected use of adrenaline because he misunderstood guideline, and that following responsible body of medical opinion would nonetheless involve failure to take reasonable care because manual referred to adrenaline.

Documents

15/11/2019 Hearing (SLA, Canberra)

28/11/2019 Notice of appeal

10/01/2020 Written submissions (Appellant)

10/01/2020 Chronology (Appellant)

06/02/2020 Written submissions (Respondent)

27/02/2020 Reply

22/05/2020 Application for leave to file amended notice of appeal (Appellant)

11/06/2020 Hearing (Full Court)

11/06/2020 Outline of oral argument (Appellant)

11/06/2020 Outline of oral argument (Respondent)

13/08/2020 Judgment (Judgment summary)

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