HIGH COURT OF AUSTRALIA
KIEFEL CJ,
BELL, KEANE, NETTLE AND GORDON JJSTATE OF QUEENSLAND APPELLANT
AND
THE ESTATE OF THE LATE JENNIFER
LEANNE MASSON RESPONDENTQueensland v Masson
[2020] HCA 28
Date of Hearing: 11 June 2020
Date of Judgment: 13 August 2020B63/2019
ORDER
1.Appeal allowed.
2.Set aside the orders of the Court of Appeal of the Supreme Court of Queensland made on 10 May and 13 September 2019 and in their place order that the appeal to that Court be dismissed with costs.
3. The respondent to pay the appellant's costs of the appeal, including as applicant for special leave to appeal.
On appeal from the Supreme Court of Queensland
Representation
S L Doyle QC with R N Traves QC and C J Fitzpatrick for the appellant (instructed by Crown Solicitor (Qld))
B W Walker SC with D R Campbell SC and A S Katsikalis for the respondent (instructed by RMB Lawyers)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Queensland v Masson
Negligence – Standard of care – Breach – Where woman suffering severe asthma attack treated by ambulance officers including intensive care paramedic – Where intensive care paramedic elected to administer intravenous ("IV") salbutamol rather than IV adrenaline in initial phase of treatment due to woman's high heart rate and high blood pressure – Where Clinical Practice Manual ("CPM") required that ambulance officers "consider" IV adrenaline – Whether decision to administer IV salbutamol contrary to CPM – Whether treatment fell below standard of care expected of ordinary skilled intensive care paramedic – Whether trial judge's finding that intensive care paramedic made clinical judgment to administer adrenaline "contrary to compelling inferences" or "glaringly improbable" – Whether administration of IV salbutamol supported by responsible body of opinion within medical profession.
Words and phrases – "adrenaline", "ambulance officers", "appellate intervention", "breach of duty of care", "case management guidelines", "clinical judgment", "clinical pharmacology", "clinical practice manual", "contrary to compelling inferences", "emergency medicine", "flowchart", "glaringly improbable", "intensive care paramedic", "negligent omission", "operating in the field", "ordinary skilled intensive care paramedic", "range of reasonable responses", "responsible body of opinion within the medical profession", "salbutamol", "severe asthma", "standard of care", "trial judge's advantage".
KIEFEL CJ, BELL AND KEANE JJ. On 21 July 2002, Jennifer Masson, a 25-year-old chronic asthmatic, suffered a severe asthma attack while visiting friends in Cairns. Asthma is a disease that is characterised by constriction of the bronchial passages and which, in severe cases, may lead to life-threatening deprivation of oxygen. Ambulance officers treated Ms Masson at the scene before conveying her to Cairns Base Hospital. Unfortunately, Ms Masson sustained severe, irreversible brain damage as the result of deprivation of oxygen before she arrived at the hospital. She lived in a vegetative state for the next thirteen and a half years while being cared for at home by her parents.
Background and procedural history
Proceedings were commenced in the Supreme Court of…
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- AGLC
- Queensland v Masson [2020] HCA 28
- Case
- [2020] HCA 28
- Decision Date
CaseChat Overview and Summary
The legal issues before the High Court included whether the paramedic's decision to administer salbutamol instead of adrenaline was contrary to the CPM, whether the treatment fell below the standard of care expected of an ordinary skilled intensive care paramedic, and whether the trial judge's finding that the paramedic exercised clinical judgment was demonstrably wrong. Specifically, the court had to consider whether the CPM's guidance to "consider adrenaline" for patients in the "imminent arrest" category was determinative, or if it allowed for the exercise of clinical judgment, and whether the paramedic's choice of salbutamol was supported by a responsible body of medical opinion.
The High Court allowed the appeal, setting aside the orders of the Queensland Court of Appeal. The Court reasoned that intensive care paramedics are expected to exercise clinical judgment in applying the guidance in the CPM, and that the manual's terms were not determinative of the range of reasonable responses. The trial judge had found that the paramedic made a clinical judgment to administer salbutamol due to Ms Masson's high heart rate and blood pressure, and that this judgment was supported by a responsible body of medical opinion at the time. The High Court found that the Court of Appeal erred in overturning this finding, particularly by relying on a witness statement prepared seven years after the event and by giving undue weight to the timing of drug effects without sufficient consideration of the evidence presented at trial. The Court concluded that the paramedic's actions did not fall below the required standard of care.
Orders
Orders of the court
1. Appeal allowed.
2. Set aside the orders of the Court of Appeal of the Supreme Court of Queensland made on 10 May and 13 September 2019 and in their place order that the appeal to that Court be dismissed with costs.
3. The respondent to pay the appellant's costs of the appeal, including as applicant for special leave to appeal.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: KIEFEL CJ, BELL AND KEANE JJ, NETTLE AND GORDON JJ
The Court of Appeal reasoned that if, as the trial judge found, Mr Peters' decision not to administer adrenaline was a clinical judgment which took into account Ms Masson's high heart rate and high blood pressure, nonetheless his consideration of adrenaline was not as required by the CPM[45]. The flowchart directed the officer to "consider adrenaline" and not to "consider adrenaline or salbutamol". Nor did it suggest that salbutamol was as effective an agent in bronchodilation as adrenaline since the flowchart identified salbutamol as the drug to be considered in a less serious case[46]. The drug data sheet for adrenaline showed that it was indicated in the case of a bronchospasm "unresponsive to [s]albutamol" and it prescribed dosages for a patient with "[a]sthma or severe bronch[o]spasm with imminent arrest". The drug data sheet for salbutamol did not refer to a patient in the latter category[47]. [45]Masson v Queensland [2019] QCA 80 at [156].[46]Masson v Queensland [2019] QCA 80 at [153].[47]Masson v Queensland [2019] QCA 80 at [154].The basis on which "consideration" of adrenaline proceeded The Court of Appeal noted that the CPM's guidance with respect to drug treatments was premised on the exercise of an officer's clinical judgment, and that treatments recommended by the CPM were not automatically appropriate[48]. Indeed, their Honours agreed with the trial judge that, in general, reasonable care did not require the administration of adrenaline in every case of an asthmatic patient in the CPM's category of imminent arrest[49]. There is an evident tension between the analysis in these respects and their Honours' conclusion that reasonable care did not permit a departure from the administration of adrenaline in Ms Masson's case, regardless of the risks of its side effects[50]. [48]Masson v Queensland [2019] QCA 80 at [24], quoting the entry in the CPM's Glossary of Specific Terms in respect of the term "consider".[49]Masson v Queensland [2019] QCA 80 at [151].[50]Masson v Queensland [2019] QCA 80 at [163]. The latter conclusion was based on their Honours' view that, notwithstanding its non-prescriptive terms, the CPM made clear that adrenaline was the preferred drug to achieve a fast and effective dilation of the bronchial passages to avoid death or irreversible brain injury[51]. It followed that Mr Peters' "consideration" of adrenaline should have proceeded on this premise[52]. It was a conclusion that reflected their Honours' acceptance of a submission concerning the timing of the effects of adrenaline vis à vis salbutamol ("the timing submission")[53]. [51]Masson v Queensland [2019] QCA 80 at [162]. [52]Masson v Queensland [2019] QCA 80 at [162].[53]Masson v Queensland [2019] QCA 80 at [32]. In the Court of Appeal, the respondent (the appellant in that Court) submitted that a critical difference between the two drugs was the timing of the onset of the effects of each: the drug data sheets for adrenaline and salbutamol recorded the timing in this respect at 30 seconds and one to three minutes respectively. These entries were relied upon as demonstrating that adrenaline was the preferable drug to give in a case where the patient was at imminent risk of death[54]. Over objection, the Court of Appeal accepted the timing submission notwithstanding that the trial judge's attention had not been drawn to the parts of the CPM that referred to the timing of the effect of the drugs, nor had the expert witnesses been asked to address this issue[55]. [54]Masson v Queensland [2019] QCA 80 at [26], [30], [32].[55]Masson v Queensland [2019] QCA 80 at [26], [30], [32]-[33].