Australia: Health Alert (Australia) - 3 June 2013

JUDGMENTS

New South Wales (NSW)

29 May 2013 - Rasmussen v South Western Sydney Local Health District [2013] NSWSC 656

The plaintiff was the mother of a child who died when he was four days old, due to the hospital's negligence. The plaintiff claimed damages for nervous shock arising from her son's death. The defendant admitted liability and accepted the plaintiff had suffered a recognisable psychiatric injury by reason of her son's death. The issue before the Court was quantum.

Judge Adamson awarded damages to the plaintiff totalling $366,903.60, broken down into the following heads:

  • Non-economic loss:
$214,000 (40% of the most extreme case)