A couple of days ago news broke of Queensland woman, Brodie Cambourne suing St. John Ambulance paramedics for unlawful assault. She claims ” to have dislocated her shoulder during one of the events and alleges the St John Ambulance volunteers who tried to help made the injury worse.”

The basic argument is that whilst The Good Samaritan Law protects “those who have completed basic first aid training and are certified by health organizations, such as St. John Ambulance, provided that they have acted within the scope of their training.” Whilst it is very brief, the guidelines posted on St. John Ambulance’s website suggest that when it comes to fractures and possible dislocations, the immobilisation of the affected area is required and then to call 000 for an ambulance to attend.

Cambourne is claiming permanent damage to her shoulder. Wowsers! Maybe she should go after whoever gave her permanent damage to her face.

Cambourne is claiming permanent damage to her shoulder. Wowsers! Maybe she should go after whoever gave her permanent damage to her face.

This I presume is probably at the heart of the matter, I mean despite the apparent heartlessness of suing volunteers, if St John Ambulance does not train it’s staff in treating dislocated shoulders, what are they doing running around popping them back in for people?

About.com suggests that “It is possible to treat a shoulder dislocation at the scene of the injury, but if transportation to a hospital is available, then this is a much safer option. If trained personnel are not available, or if there are signs of unusual circumstances, reduction of the shoulder dislocation is best done in trained hands at a hospital.”

So it would seem that what should have happened was that after stabilising her and immobilising the shoulder, the St John Ambulance crew should have called for an ambulance and the dislocation treated at a hospital. I’m not suggesting that anybody intentionally meant to hurt Cambourne, but there definately seems to have overstepping on behalf of the volunteers in this particular case.

Does that warrant a lawsuit?

The incident itself happened back in February 2006, exactly three years ago. So why has she filed now? The Limitation of Actions Act states that “an action for damages in respect of personal injuries must not be brought after the expiration of 3 years from the date on which the cause of action accrued”. So, with time fast running out given we’re in February 2009, a literal last minute law suit has been filed.

Not knowing much about shoulder dislocations I had some reading to do and when competition was involved, the general consensus seemed to be return to full participation should be avoided until you are symptom free and can perform all skills and other requirements of your sport without pain.”

Imagine my suprise when I read that Cambourne was still competing, she came fifth in swimming and eigth in skiing back in November last year. Now i’m not a doctor but I’d think it pretty reasonable that someone who claims “to have suffered permanent shoulder damage, ongoing pain and discomfort, a loss of motion and nervous shock” simply wouldn’t be able to swim and ski on a competitive level. I mean we’re talking about swimming right, I imagine it’s pretty hard to swim without using your shoulders.

These days it's not just lawyers who chase ambulances

These days it's not just lawyers who chase ambulances


Cambourne’s lawyer has stated that competing in surf competitions was part of her rehabilitation.” Really… rehabilition? The University of Pittsburgh states that “generally, the athlete who wishes to return to a contact sport should expect to be out of action for 6 to 12 weeks”. This is echoed by the University of Michigan who suggest the healing process may take 4 to 12 weeks”.

12 weeks to recover? So here we are at 156 weeks after the incident filing a last minute lawsuit to preserve the right of a patient to go after money, just in case. Sure starting to sound like a money grab to me. To be fair Cambourne has had a few operations after the indicent, but I can’t help but wonder what exactly the timeframe is for Cambourne’s condition to stabilise. One would think if she had suspicions of medical negligence a law suit would have been filed months, if not years ago well before the three year compensation deadline rathe then a few days short of it.

Either way I hope St John Ambulance and other organisations have had a review of their policies since the incident and highlighted the importance of staff to act within their training at events so lawsuits like this don’t happen. The last thing we need is to lose the valuable contribution charities like this make to Australia.


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