Jillian Charlene Hurley has filed a $2.5m lawsuit against Mackay Hospital and Health Service after knee surgery

A woman has filed a multimillion-dollar claim alleging her wound was left open for nearly eight hours resulting in infection and subsequent amputation.

A woman has filed a $2.5m negligence lawsuit over allegations a botched knee surgery at Mackay Base Hospital resulted in the partial amputation of her leg.

Jillian Charlene Hurley has alleged Mackay Hospital and Health Service is responsible for her ongoing physical and mental injuries.

Ms Hurley claims in court documents when she had surgery in 2018 her wound was left open for nearly eight hours as doctors had initially implanted a knee prosthesis that was too large.

It is alleged the wound became infected as a result and would not heal despite treatment resulting in her left leg being amputated above the knee.

The 52-year-old piping engineer has alleged MHHS breached its duty of care resulting in significant ongoing issues including the gross restriction of her mobility and the inability to wear a prosthetic leg for more than 15 to 20 minutes because of severe pain.

Legal documents filed in the supreme court state Ms Hurley began a “one stage revision knee replacement” at the hospital on June 19, 2018 after an X-ray in March that year revealed “marked loosening of the tibial component” in her left knee.

During the surgery her wound “remained open for 7.5 hours as too large a prosthesis had been implanted initially” and required a smaller replacement joint that had to be sourced and transported from elsewhere, the legal claim stated.

Ms Hurley claims her recovery was “complicated” by a candida infection that occurred during the one stage revision knee replacement surgery.

She was discharged from hospital on June 24, 2018 but was admitted to the hospital’s emergency department six days later “having developed pain, swelling and warmth around the left knee replacement as well as a yellowish discharge from the wound”.

A woman has filed a $2.5m lawsuit following knee replacement surgery at Mackay Base Hospital that she claims resulted in the partial amputation of her left leg. Picture: Tony Martin

The claim states she was treated with antibiotics and flucloxacillin between July 4 and 12, 2018 and the infection “failed to resolve”.

On December 12, 2019 Ms Hurley underwent an above knee amputation and alleged “as a result of the treatment … suffers pain and is wheelchair bound”.

Ms Hurley alleges MHHS staff failed in the course of her treatment including to correctly measure with radiology scans and have the correct sized knee prosthesis ready.

She alleges MHHS staff failed to conduct the one stage knee replacement within a reasonable length of time to avoid infection risk and failed to perform correct pathology after her surgery to monitor for infection.

Ms Hurley also alleged hospital staff “failed to record and/or document the surgical process, reasons for why the surgery took the time that it did, and/or any issues encountered”.

She claims she now suffers ongoing injuries including the loss of her leg, pain and phantom pain linked to her leg, pain and injuries from using crutches, major depression, adjustment disorder and alcohol abuse that is in partial remission.

The court documents allege her ongoing disabilities include difficulty wearing a prosthesis, stump shape changes, inabilities within her two-storey home, change in behaviour and temperament, reduced motivation and self esteem, significant weight gain, sleep impairment, need for pain killers, suicidal thoughts and severe self loathing.

She is suing for $2,575,206.02 for negligence and breach of contract – the money is to cover past and future loss of employment and superannuation, medical expenses and domestic care and assistance.

The document stated she had been unemployed at the time, but had planned to return to work as a piping engineer – however, “given the complications that arose and subsequent amputation” she was unable to do so and claimed it was unlikely she would return to work.

Ms Hurley claims she will need ongoing care and assistance for the rest of her life, for which she is asking for $1,190,369.35.

Mackay Hospital and Health Service was contacted for comment.

MHHS chief executive Lisa Davies Jones said it was “inappropriate to provide and comment on this matter as it is subject to legal proceedings”.

At this stage no defence has been filed in relation to the claim.

Originally published as Jillian Charlene Hurley has filed a $2.5m lawsuit against Mackay Hospital and Health Service after knee surgery