Woman sues doctor and Queensland Health for $7.8m for failing to diagnose cryptococcal meningitis

by Symptom Advice on August 29, 2011

A CAIRNS woman who claims she was left deaf and blind after failing to be diagnosed with a potentially fatal fungal disease is suing her doctor and Queensland Health for $7.8 million.

Nancy Leanne Mules, 46, has lodged documents in the Cairns Supreme Court against Dr Kaylene Joy Ferguson and Cairns Base Hospital over claims there was a delay in diagnosing and treating her for cryptococcal meningitis.

Symptoms of the disease include fever, fatigue, chest pain, dry cough, headaches, blurred vision, confusion and swelling of the abdomen.

The former Queenslander Hotel operations manager is now permanently blind, profoundly deaf in both ears and requires 24-hour care.

The documents claim that in June 2008, Ms Mules went to see Dr Ferguson, a Cairns-based general practitioner, after experiencing rushes of blood to her head and dizziness.

Ms Mules, represented by Shine Lawyers, claims she was told by her doctor she could be starting menopause and should have a mammogram.

Three months later, she returned to see Dr Ferguson complaining of increased neck pain, bad headaches and "rushes" up to 12 times a day.

The documents claim the doctor failed to perform a clinical examination of Ms Mules and ordered her to continue taking pain relievers Panadol and Mersyndol and receive chiropractic treatment.

The documents state there were two more occasions where Ms Mules saw her doctor, who failed to perform a physical examination of her and referred her on to have a CT scan. The following day, Ms Mules returned to see Dr Ferguson, who advised her the CT scan found she had five bulging discs.

On September 25, 2008 Ms Mules returned to see Dr Ferguson and complained of worsening pain.

The doctor organised her admission to the Cairns Private Hospital and the following day she was observed as suffering from symptoms including profound deafness, sluggish pupils, bilaterally swollen neck, facial weakness and decreased reflexes and power.

The documents claim she was later diagnosed with a cryptococcal infection and was transferred to the hospital’s intensive care unit where she had hypertension on arrival.

Ms Mules now lives with her parents and requires full-time care. Her damages include past loss ($156,000), loss of earning capacity ($765,000), future special damages ($791,000), post gratuitous care ($583,087) and future gratuitous care ($5.15 million). A defence has not yet been filed.

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