A man who allegedly experienced sexual abuse from a male paediatric nurse at the Launceston General Hospital (LGH) is taking legal action against the State of Tasmania.
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The civil lawsuit relates to alleged abuse that he experienced in 1989 as a child patient at LGH being treated in the paediatric ward for abdominal pain and pneumonia.
The Health Service has previously been served with statements of claim by other victim-survivors alleging abuse.
A writ lodged in the Supreme Court of Victoria on August 17 by the plaintiff's law firm, Arnold Thomas and Becker, outlines details of alleged abuse by another LGH nurse.
It was lodged just two weeks before the Commission of Inquiry into the Tasmanian Government's Responses to Child Sexual Abuse in Institutional Settings hands down its final report.
The lawsuit alleges that the abuse occurred in November 1989 in the hospital kitchen in Ward 4K when the nurse informed the child that he needed to check his stomach.
The document alleges that the nurse fondled the child's genitals and attempted to assault him orally.
The civil lawsuit says the plaintiff has "incurred and continues to incur medical, pharmaceutical and other treatment expenses."
"As a result of the Plaintiff's injuries, his education was compromised, and he has suffered loss of income and diminution of earning capacity," it says.
The Examiner understands that the hospital has not filed a defence yet. The LGH were approached for comment.
The Department of Health said as there are legal and court proceedings underway, it would not be appropriate for it to comment on this matter.
The writ states that the alleged abuse was disclosed at a meeting attended by representatives of the Department of Health and the hospital, as well as the child and his parents.
The lawsuit also alleges that "after receiving the Plaintiff's complaint on November 22 1989, the Hospital and/or the Department of Health did not place any restrictions, limitations or supervision on [the nurse] in his role as a paediatric nurse."
"Notwithstanding the Plaintiff's complaint, the Hospital and/or the Department of Health continued to appoint [the nurse] to nursing positions where he interacted with minors and created a risk of injury to minors that eventuated."
Principal Lawyer at Arnold Thomas & Becker, Kelly Schober, said the "LGH and the Tasmanian Health Service ought to have known that children at the Hospital could be at risk of physical and sexual abuse by [the male nurse]."
"We allege that they failed in their duty to protect these children."
Arnold Thomas & Becker also represent others who have alleged abuse at the LGH.
National sexual assault support: 1800 RESPECT, Laurel House (03) 6334 2740 (Launceston), (03) 6431 9711 (Burnie and Devonport)
Sexual assault support services:
- Sexual Assault Support Service (Tasmania): 1800 697 877
- Lifeline (24-hour crisis line): 131 114
- Tasmania's Victims of Crime Service: 1300 300 238
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Charmaine Manuel
Charmaine is a journalist at The Examiner. She's interested in social, political and environmental issues. Got a story? Get in touch at charmaine.manuel@austcommunitymedia.com.au
Charmaine is a journalist at The Examiner. She's interested in social, political and environmental issues. Got a story? Get in touch at charmaine.manuel@austcommunitymedia.com.au
