Vesna Zvicer Loses Supreme Court Medical Negligence Claim Over Lower Left Leg Amputation
Vesna Zvicer has lost a New South Wales Supreme Court medical negligence claim against the Hunter New England Local Health District (HNELHD) after alleging doctors unnecessarily amputated her lower left leg, ABC News reported. Justice Edward Muston dismissed the lawsuit on Wednesday, ruling that the health district did not breach its duty of care to Ms. Zvicer or her children.
The legal battle centers on medical treatment received at John Hunter Hospital in Newcastle starting November 11, 2020, where Ms. Zvicer was admitted with extreme generalized sepsis and acute compartment syndrome. Although surgeons initially recommended an amputation as her condition worsened, the procedure was ultimately performed on January 16, 2021, at Macquarie University Hospital. Ms. Zvicer argued throughout the two-week May hearing that her limb was salvageable and sought damages on behalf of herself and her children.
Surgeons Prodded Leg Muscle and Feared Gangrene Before Amputation
During the civil hearing, the court heard that hospital surgeons physically examined the muscle tissue and determined the left leg was unviable and dead, raising concerns that Ms. Zvicer’s heel would turn gangrenous. Legal representation for Ms. Zvicer countered that medical staff could not definitively prove the tissue was necrotic without performing a fasciotomy to relieve compartment pressure. Barrister Adam Casselden SC argued that merely looking at the skin and pressing on it was insufficient to assess the true severity of the tissue damage. While fasciotomies were performed on her right leg and both thighs, doctors did not perform the procedure on her lower left leg.
Justice Muston accepted clinician testimony that the slim chance of saving the limb had to be balanced against severe clinical risks, noting that Ms. Zvicer was critically ill at the time. The court heard that prior to the scheduled surgery in January 2021, Ms. Zvicer temporarily discharged herself from John Hunter Hospital before returning as her health deteriorated further.
Justice Muston Rules Hnelhd Acted in Accordance with Peer Professional Practice
The health district defended the operating surgeon’s actions by arguing they aligned with widely accepted peer professional practice in Australia at the time. Justice Muston accepted clinical warnings that releasing pressure in a dead muscle compartment could trigger a massive washout of cellular chemicals into the bloodstream, leading to cardiovascular collapse and potential death. Following the dismissal of the claims, the Supreme Court ordered Ms. Zvicer to pay the health service’s legal costs.
Frequently Asked Questions About the NSW Supreme Court Ruling
Why did doctors choose amputation over a fasciotomy on the left leg?
Surgeons determined through physical examination that the lower left leg tissue was dead and unviable. Justice Muston accepted expert evidence that releasing compartment pressure on dead tissue could have released lethal toxins into Ms. Zvicer’s bloodstream and caused cardiovascular collapse.
What financial penalties did the plaintiff face after the verdict?
Justice Edward Muston ordered Vesna Zvicer to pay the legal costs of the Hunter New England Local Health District following the dismissal of her civil negligence claims.
Where was the amputation surgery ultimately performed?
Although Ms. Zvicer was initially admitted to John Hunter Hospital in Newcastle in November 2020, the amputation procedure was carried out at Macquarie University Hospital on January 16, 2021.
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