Mules v Ferguson & Anor [2014] QSC 51; Mules v Ferguson [2015] QCA 5
Ms Mules contracted cryptococcal meningitis, a rare fungal infection more prevalent in the tropical North. She saw Dr Ferguson (the defendant) on four occasions in September 2008. She complained of worsening neck pain, headaches, dizziness, nausea, and leg weakness. Despite these symptoms, Dr Ferguson noted she walked normally and didn’t conduct a physical examination. Instead, Dr Ferguson prescribed medication and ordered a CT scan, which showed five bulging discs. She diagnosed a musculoskeletal problem and gave Ms Mules a one-week medical certificate.
As her condition worsened, causing Ms Mules’ sight and hearing to deteriorate, Dr Ferguson eventually referred her to Cairns Private Hospital, where she was diagnosed with cryptococcal meningitis. By then it was too late to treat the condition, and Ms Mules was left with permanent vision and hearing loss. Ms Mules argued that Dr Ferguson didn’t examine her properly and should have referred her to a specialist or the emergency department, which could have led to earlier treatment.
The trial judge acknowledged that Dr Ferguson didn’t ask sufficient questions or perform a physical examination of Ms Mules but concluded that even if these steps had been taken, it would not have changed the outcome. The judge ruled that Dr Ferguson didn’t cause the injuries so Ms Mules lost her case. The judge found that if Ms Mules had won, she would have been awarded $6,727,776.04 in damages. Ms Mules appealed the judge’s decision.
The Court of Appeal found for Ms Mules by a majority ruling. They found that some of Ms Mules’ symptoms were not explained by her bulging discs and that had Dr Ferguson properly considered those symptoms, and asked more extensive questions, she would have realised that further investigation by a specialist was needed. The judges found that Ms Mules would have followed that recommendation promptly and that her condition could have been treated so she avoided the permanent loss of hearing and sight.