Million-dollar court case against Darling Downs Health kicks off after prisoner patient attacked Toowoomba nurse

Details have been revealed in court about allegations levelled against Darling Downs Health that it failed to provide staff with a duty of care after a prisoner seriously injured a nurse at the Toowoomba Hospital.

Toowoomba Hospital. Picture: Peta McEachern

The Office of Work Health and Safety Prosecutions and Darling Downs Hospital and Health Service are going head-to-head in a Toowoomba court over allegations the health service failed to protect its staff from violent patients.

DDHHS face four charges of failure to comply with its health and safety duty.

One of those charges relates to a violent incident between a nurse and a prison transfer patient, which occurred at Toowoomba Hospital’s Acute Mental Health Unit in July 2019.

A 45-year-old nurse suffered a brain injury after he was struck in the head by the prisoner.

On a separate occasion at a DDHHS Oakey facility, a nurse had a knife held to her throat in 2020.

If found guilty of all four counts, the government health service could face more than $4m in fines.

The Office of Work Place Health and Safety and Darling Downs Hospital and Health Service (DDHHS), are going head to head at Toowoomba Court over allegations the health service failed to protect its staff from violent patients.

On Tuesday, April 18, at the Toowoomba Magistrates Court a number of witnesses were cross-examined, including the high dependency unit manager at the time of the 2019 incident, and DDHHS executive director of mental health Gregory Neilson.

During the cross-examinations, the court was told about staffing ratios that were allegedly being met, training procedures, risk assessment procedures of inmates, prison transfer processes, and the obligations of security at Toowoomba Hospital.

The court was told following the 2019 incident, the high dependency unit required a security officer to be stationed on the floor as well as the required two nurses, however unit manager Mrs Thorpe said the presence of the guards was sometimes unhelpful.

Mrs Thorpe said on some occasions the macho demeanour of guards with particular personality traits would trigger patients, leading them to act out.

Coincidentally, a day prior to the violent attack, the Queensland Nurses and Midwives Union annual conference called for mandatory security guards at all public acute mental health units across the state which was backed by Toowoomba Hospital delegates.

Toowoomba Hospital. Picture: Peta McEachern

Speaking about the trial, a DDH spokeswoman referred to the incidents as historical and complex.

“In defending the allegations, Darling Downs Health acknowledges that these matters are complex issues concerning the provision of clinical treatment for our patients, and the importance of the systems in place to create a safe environment for our patients and our people,” she said.

“The safety of our people and patients is critical to what Darling Downs Health does, each and every day.

“Darling Downs Health is committed to improving the health and wellbeing of all people in the region by providing high-quality healthcare services and supporting our people to provide those services in a safe and dignified environment.

“As they are currently before the court, we are not able to discuss them in detail.”

The trial before magistrate Clare Kelly continues.