Minter Ellison Health News 12 June 2013

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2 MINTER ELLISON LAWYERS HEALTH NEWS 12 June 2013 Ms Rasmussen was successful in gaining employment at an ANZ Bank Branch in 2010. However, her work performance is compromised by her anxiety and stresses. Ms Rasmussen has since had two daughters born in 2010 and 2012. She suffered from post-natal depression after the birth of her second daughter. This was contributed, in part, by the trauma she suffered after Kaden’s death. She has completed a Bachelor of Arts Degree at Southern Cross University by correspondence. Expert psychiatric evidence concluded that Ms Rasmussen has suffered an anxiety disorder and a pathological grief reaction, which is a ‘recognisable psychiatric illness’ under section 31 of the Civil Liability Act 2002 (NSW). Her symptoms will improve with treatment and the passage of time. In assessing damages, the Court accepted that Kaden’s death had transformed Ms Rasmussen’s life significantly. The births and nurturing of her two daughters had been affected by the loss of Kaden. Ms Rasmussen is overly concerned and anxious for their welfare. ‘The grief she suffers is lifelong.’ 1 Ms Rasmussen’s work enthusiasm has been hindered by constant fears of job loss, concerns about whether she is performing in her job to a satisfactory standard and anxiety for the care of her children whilst she is at work. Ms Rasmussen is prone to anxiety and emotional liability when she encounters boys who would have been Kaden’s contemporaries. The Court noted Ms Rasmussen's abilities to obtain a degree, look after her children and work part-time, all demonstrating her capabilities to concentrate and perform. It showed a motivation to return to normal functioning. The Court awarded judgment for the plaintiff in the amount of A$366,903.60. Click here for the full decision Victoria Inquest into the death of Corey Irving Wright (22 May 2013) Coroner finds the lack of a formal mental health status review over one month was not causally related to the suicide of an involuntary psychiatric patient Mr Wright was 41 years of age and was the oldest of five children. He grew up in children’s homes and in foster care after his father left when he was young. Mr Wright’s mother, who suffered from schizophrenia, took her own life in 1998. Mr Wright kept in contact with his sister, Freyja De Losa, and was living with his brother, Jason Wright, and housemate, Martin Powell, at the time of his death. Mr Wright had a history of paranoid schizophrenia, polysubstance abuse (marijuana, amphetamine and heroin) and self harm. He had a number of admissions to Mental Health Services, including an admission to Thomas Embling Hospital due to an incident involving the destruction of property and theft in 2005. Since this time he had been treated as an involuntary psychiatric patient, subject to a community treatment order (CTO) under the supervision of Moreland Continuing Care Team (CCT), a unit of the North West Area Mental Health Service. He was receiving fortnightly depot injections of risperdal consta since 2005. Mr Wright did not believe he was suffering from a mental illness and would often discuss ceasing his medications due to the number of side effects he was experiencing, including drowsiness, upset stomach, skin rashes and sweating. On 16 August 2006, Dr Ana Lusicic (psychiatry registrar) and Ms Danielle Ashley (case manager) conducted a psychiatric review of Mr Wright. Dr Lusicic and Ms Ashley reported him to be engrossed 1 At [52], Adamson J
3 MINTER ELLISON LAWYERS HEALTH NEWS 12 June 2013 with his medication and not wanting to be on a CTO. He lacked insight into his illness but denied any plans to harm himself or others. Mr Wright did not attend his next scheduled appointment on 22 August 2006. Medical records show that Dr Lusicic called Jason Wright to enquire of his brother’s whereabouts. Jason advised that Mr Wright did not feel well. When Dr Lusicic did speak with Mr Wright he agreed to attend on 23 August 2006. However, he failed to attend this appointment also. Dr Lusicic again telephoned Mr Wright and was informed that he was unwell due to the medication. Jason also advised Dr Lusicic that Mr Wright wanted to change doctors to one closer to his residential address in Frankston North. Dr Lusicic informed Mr Wright that due to his CTO a request for change needed to be in writing from his treating doctor. Mr Powell attended a Mental Health Review Board hearing with Mr Wright on 25 August 2006 to confirm his involuntary status. He failed to attend a scheduled psychiatric review on 1 September 2006, this was rescheduled for 21 September 2006. However, he did attend a clinic appointment to receive his depot medications on 29 August and 13 September 2006. Jason and Mr Powell reported seeing Mr Wright on the morning of 15 September 2006 and did not notice any unusual behaviour. Between 11:00am and 12:00pm, Mr Wright left the house with Jason’s bike. At 12:34pm, a short distance from Kananook Railway Station, Mr Wright was seen to stand in the middle of the train track in the path of an oncoming train. Mr Wright was hit by the train and suffered fatal injuries. Jason’s bike was found a short distance away with Mr Powell’s phone numbers on a hand written note that was found in the gear cogs of the bike’s back wheel. At inquest, the Coroner accepted evidence from Mr Wright’s Total Care Progress Notes that showed he regularly missed scheduled appointments and, as a result, full mental status assessments were not performed at regular periods. A period of approximately one month had elapsed since his review with Dr Lusicic and Ms Ashley on 16 August 2006 until his death on 15 September 2006. The Coroner heard evidence form Dr Jagadheesen, supervising consultant psychiatrist, at Moreland CCT. Dr Jagadheesen would only see clients under the care of the Mental Health team if he was referred to do so by the clinicians or if the progress notes indicated it was necessary. Dr Jagadheesen did not consider Mr Wright’s failure to attend clinic appointments as overly concerning. He was satisfied that Mr Wright had attended for his depot injections and was confident that Registered Psychiatric Nurses (RPN) would notify Mr Wright’s case managers or Dr Lusicic if they had any concerns. Furthermore, Dr Jagadheesen did not feel it necessary to revoke Mr Wright’s CTO and have him admitted to a psychiatric ward because of his failure to attend scheduled appoints. Dr Jagadheesen considered this ‘unnecessarily restrictive’. Dr Jagadheesen was unaware that Mr Wright had wanted to be transferred to a Mental Health Service closer to Frankston. He confirmed that this was generally an easy process that could be initiated by a request from a medical practitioner or the North West Area Mental Health Service. The Coroner found the Total Care Progress Notes to be legible and sufficiently informative to reflect the endeavours of Moreland CCT to engage with, treat and supervise Mr Wright. However, the Coroner accepted that Mr Wright never fully engaged or developed a rapport with his mental health treatment team. The Coroner was not critical of the treating mental health team for this lack of rapport but attributed it to Mr Wright’s lack of insight into his own mental health and his requirement for ongoing treatment. There was no evidence to suggest Mr Wright had experienced an increase in his suicidal ideations. Furthermore, other evidence, including the lack of any discussion concerning
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Minter Ellison Health News 12 June 2013

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