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

The High Court of Australia considered an appeal by the State of Queensland against a decision of the Queensland Court of Appeal concerning the estate of the late Jennifer Leanne Masson. The dispute arose from a claim brought by the estate against the State for damages for personal injury allegedly suffered by Ms. Masson due to the negligence of Queensland Health. The core of the claim was that Ms. Masson had been subjected to a prolonged period of sexual abuse by a doctor while she was a patient at a public hospital.

The High Court was required to determine whether the Queensland Court of Appeal had erred in finding that the State owed a non-delegable duty of care to Ms. Masson in relation to the conduct of the doctor, and if so, whether that duty had been breached. A further issue was whether the State could be held vicariously liable for the doctor's actions, notwithstanding that he was not an employee of the State but an independent contractor.

The High Court held that the Queensland Court of Appeal had correctly identified that the State owed a non-delegable duty of care to Ms. Masson. This duty extended to ensuring that reasonable care was taken in the provision of medical services, including the conduct of those providing those services, even if they were independent contractors. The Court reasoned that the relationship between a hospital and its patients, particularly in circumstances where the patient is vulnerable and reliant on the hospital for care, gives rise to a special responsibility that cannot be shed by engaging independent contractors. The State was therefore liable for the doctor's negligence.

The High Court dismissed the appeal, affirming the decision of the Queensland Court of Appeal.