Michele Peters wins back financial control a decade suffering brain injury from an alleged Royal Darwin Hospital medical negligence
A woman who suffered a brain injury over an alleged medical bungle during a routine surgery has finally won control over her own settlement payout. Read why it has taken a decade for her to regain her financial autonomy.
A Northern Territory woman who suffered a brain injury from an alleged medical blunder at Royal Darwin Hospital has won back control of her own finances.
Michele Peters has lived with the impact of a brain injury for the past decade, after a planned routine operation almost killed the 63-year-old passionate chef in October 2014.
Mrs Peters went into the hospital to remove an overactive adrenal gland when it was alleged a surgical blunder resulted in carbon dioxide being pumped through her liver and into her bloodstream.
When the alleged error was discovered, Mrs Peters was put into an induced coma for two days, followed by five days in the intensive care unit.
She was diagnosed with a permanent brain injury, leaving her with serious stroke-like disabilities, including memory loss, cognitive deficits, left-side of body deficits, bilateral loss of peripheral vision, vertigo and ongoing fatigue.
Mrs Peters sued the government, alleging the surgery failed to meet a reasonable standard and a confidential settlement was reached before the trial.
However due to the severity of her injuries, Mrs Peters was deemed by the courts as being incapable of managing her own financial payout.
In 2016 neurologist Dr Barry Rawicki said Mrs Peters was unable to perform “complex community tasks” including paying her bills or managing her finances.
“She is unable to add or subtract even basic numbers,” Dr Rawicki said.
“She is unable to go shopping because she can’t remember what needs to be bought and because of her poor exercise tolerance and fatigue.”
Ten years after losing her financial independence, on Monday, September 29, Mrs Peters won back her financial independence.
Supreme Court Justice Craig Smyth ruled Mrs Peters had “ceased to be under a disability” and was deemed capable of managing their own financial affairs.
A 2025 neuropsychological report by Dr Chantal Roddy said while there were some ongoing impacts of Mrs Peters’ brain injury, “her cognition is at or exceeding that of her age-matched peers”.
“She does not demonstrate any cognitive impairments which preclude her from managing her financial affairs independently,” Dr Roddy said.
She said Mrs Peters showed she appreciated the need for “prudential budgeting” and was sufficiently “cautious” about her money, including financial risks of exploitation by others, cyber-crime, or irresponsible spending leading to depletion of her assets.
While it was argued Mrs Peters had the burden of proof she had the capacity to manage her affairs, Justice Smyth ruled since she no longer suffered from a disability she did not bear that onus.
Justice Smyth removed the trustee as the manager of her settlement funds, and directed the remaining to be given to Mrs Peters to manage herself.
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Originally published as Michele Peters wins back financial control a decade suffering brain injury from an alleged Royal Darwin Hospital medical negligence
