Patient wins $6.7 million in damages in legal battle over treatment. Photo: Jim Rice
A woman left blind and deaf by a fungal disease has won a record $6.7 million in damages after an appeals court found her GP should have referred her to a specialist.
When Cairns woman Nancy “Lee” Mules visited her doctor in June 2008 complaining of rushes of blood to the head and dizziness, she claims her GP suggested it was the onset of menopause.
Three months later, the 43-year-old returned with worsened symptoms as well as headaches and neck pain.
She was sent home with pain medication and told to stay in bed for a week.
Within a week, Ms Mules was admitted to hospital with crippling pain, and was finally diagnosed with the deadly fungal infection cryptococcal meningitis.
The former hotel manager survived, but the diagnosis came too late to save her eyesight and hearing.
The disease, which attacks the central nervous system, is rare in healthy people but fatal if left untreated.
Ms Mules sued GP Kaylene Joy Ferguson for negligence in 2013 but the claim, worth $6.7 million, was dismissed in the Queensland Supreme Court.
However, the ruling was overturned by the Court of Appeal on Friday, which ruled Dr Ferguson should have referred Ms Mules for specialist assessment.
Shine Lawyers medical law department manager Bill King, for Ms Mules, said it was the highest award of damages in a personal injury case in Queensland history.
“(Ms Mules) is ecstatic about the result and the recognition that the treatment provided to her was below the required standard of care,” Mr King said.
“It’s been a long journey for Lee and it’s her own persistence and determination that’s enabled her to get this result.”
Dr Ferguson can seek leave to appeal the decision in the High Court.
AAP