Bindi Bryce, reporting for ABC Newcastle, shares that Vesna Zvicer has filed a lawsuit against health authorities following the amputation of her lower left leg, which was classified as necrotic, meaning it was deemed dead tissue.
Ms. Zvicer’s legal representatives are asserting claims of medical negligence, while the medical team defends their actions as necessary to preserve her life. The process of closing statements will continue tomorrow, with the presiding judge likely to take additional time before issuing a ruling.
The lawsuit targets the Hunter New England Local Health District (HNLHD), with allegations that the amputation was performed without justification. In her legal claim presented during a two-week civil trial in the Supreme Court, Ms. Zvicer contended that her leg was indeed “salvageable.”
Evidence presented in court indicated that Ms. Zvicer was suffering from severe generalized sepsis and acute compartment syndrome affecting her lower left leg. The medical team reportedly examined her leg, concluding that it was unviable and lifeless.
Richard Cheeney SC, representing HNLHD, stated that Ms. Zvicer was critically ill at the time, facing a severe infection, and that the surgical decision was a crucial one between preserving her life or amputating her limb. Concerns were raised about the potential for gangrene in her heel, prompting the drastic measures taken by the medical professionals.
Ms. Zvicer’s attorney, Adam Casselden SC, argued that the doctors could not definitively determine the necrosis of her leg without conducting a fasciotomy, a surgical procedure intended to relieve pressure in the muscular compartments.
In his closing remarks, Mr. Casselden asserted that errors had occurred during the evaluation process. He emphasized that simply examining the skin was insufficient to assess the condition of the muscle accurately, suggesting that the clinical documentation did not support the conclusion that the leg was non-functional.
He referenced a photograph taken two days after Ms. Zvicer was admitted, asserting that it depicted a leg that appeared healthy. Justice Edward Muston interjected, noting that the photograph did not reveal internal compartment conditions. Mr. Casselden maintained that the appearance of the leg indicated it could have been salvageable even after a prolonged period of pressure.
On the other hand, Mr. Cheeney argued that the medical staff acted to save Ms. Zvicer’s life, highlighting that the intensive care unit noted significant discoloration in her foot and that her condition warranted immediate surgical intervention. He emphasized the critical state of her health and the urgency of the situation faced by the clinicians.
Additionally, damages are being sought for Ms. Zvicer’s children, as her legal team claims that both she and her children have experienced emotional turmoil, including nervous shock, depression, and anxiety due to the incident.
The conclusion of submissions will take place tomorrow, and the judge is expected to deliberate before making a decision.
