A Newcastle hospital had a greater role in the death of a patient after a surgical error than it originally admitted, a court has found.
Colleen Stefanyszyn died in December 2008, four days after elective hysterectomy surgery performed by Dr Oliver Brown at Newcastle Private Hospital.
She had been vomiting faecal matter in the days before her death after a loop of suture material was left wrapped around her bowel during the surgery.
The hospital initially accepted responsibility for 5 per cent of the negligence but the NSW Supreme Court ruled its level of responsibility was 20 per cent.
Handing down the decision, Supreme Court Justice Monika Schmidt said: “The blockage caused by the suture material was not identified or addressed and infection set in.
“She repeatedly vomited faecal material; she inhaled some of that material with resulting pneumonia; her electrolytic balance became disordered; her oxygen levels deteriorated; and finally, she suffered a fatal cardiac arrest,” the decision said.
Dr Brown took responsibility for two thirds of the negligence that contributed to the death but the hospital admitted responsibility for only 5 per cent of the negligence.
Dr Brown challenged the hospital’s admission in a cross-claim and the court found the hospital’s contribution must be assessed to have been 20 per cent.
The parties agreed that Mrs Stefanyszyn’s death could have been prevented, if available surgical steps had been taken.
Mrs Stefanyszyn’s husband and two daughters had their claims for compensation against the hospital and Dr Brown settled some time ago.
The ABC has contacted Dr Brown and Newcastle Private Hospital for comment.