Alleged Injury Taking Blood – Plaintiff falls

Alleged Injury Taking Blood – Plaintiff falls

Case concluded: 15th February, 2017   Settlement amount: Failed claim

This is an example of a case where a Plaintiff has failed in their claim.

The circumstances of the case could best be described as interesting in that the Plaintiff was working as a Fire Safety and Security Officer at the Gladstone Hospital. He was asked by the hospital staff, concerned he was intoxicated or ill, to attend the Hospital Emergency Department where blood and urine samples could be taken from him.

He alleged that the fact these samples were taken constituted an assault on him and were performed negligently resulting in a psychiatric injury.

He claimed damages totalling $405,000.

It appears that the hospital agreed that it had breached its own policy by requiring an employee to provide a blood sample. It was found, notwithstanding this that the fact the Plaintiff consented to the blood sample and this meant he did not suffer an assault.

The Court also found that:-

  • It was not reasonably foreseeable a person, such as the plaintiff would suffer a psychiatric injury giving a blood and urine sample; and
  • The medical evidence did not establish a connection between the plaintiffs psychiatric injury and the treatment he received.

The plaintiffs claim was dismissed.

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