KS and XT v Calvary Health Care ACT trading as Calvary Hospital and Dr Andrew Foote

The plaintiffs, KS and XT, initiated proceedings against Calvary Health Care ACT, trading as Calvary Hospital, and Dr Andrew Foote, a medical practitioner employed by the hospital, alleging negligence that resulted in psychological harm. The case was heard in the Federal Circuit and Family Court of Australia. The plaintiffs claimed that the defendants' breaches of duty led to their suffering of psychological harm, and sought damages for the injuries sustained as a result of the alleged negligence.

The court was required to determine whether the defendants had breached their duty of care towards the plaintiffs, and if so, whether these breaches were causative of the psychological harm suffered. Additionally, the court had to assess the appropriate quantum of damages to be awarded to the plaintiffs. The defendants denied the allegations of negligence and argued that they had acted within the standard of care expected of medical practitioners and hospitals.

The court found that the defendants had indeed breached their duty of care. It was determined that the hospital and Dr Foote had failed to provide adequate treatment and support, which resulted in the plaintiffs suffering psychological harm. The court concluded that the breaches of duty were causative of the injuries sustained by the plaintiffs. Following this, the court assessed the damages and determined the contribution each defendant should make towards the compensation. The final orders, detailed in paragraphs [311] to [314], reflect the court's decisions on liability, causation, and the assessment of damages, as well as the contribution each defendant should make towards the compensation awarded to the plaintiffs.