Newcastle Private Hospital has been ordered to pay $322,000, or 20 per cent, of a $1.6 million settlement to the family of Colleen Stefanyszyn, 61, whose death in December, 2008, after a hysterectomy was preventable, NSW Supreme Court Justice Monika Schmidt found.

The hospital avoided contempt of court proceedings against it on Friday after Justice Schmidt strongly criticised its failure to provide a subpoenaed document during a hearing earlier this year into Mrs Stefanyszyn’s death, or an explanation why the document was not provided.

Justice Schmidt accepted the hospital’s explanation tendered on Friday, but said it was “alarming to think the first time such an explanation is provided is now”.

“I’ve been a judge for more than 20 years and I have not seen any defendant, let alone a body like this, respond to an order of the court in this way,” Justice Schmidt said.    

She found Newcastle gynaecologist Dr Oliver Brown was 80 per cent responsible for Mrs Stefanyszyn’s death after the court heard he “never departed” from a diagnosis of postoperative ileus – a predictable delay in normal gastrointestinal function after surgery – despite faecal vomiting and other serious signs of her deteriorating condition.

An autopsy showed Mrs Stefanyszyn died after suture material was “inadvertently looped” around her bowel during hysterectomy surgery by Dr Brown. 

Less than 24 hours before her death, and despite faecal vomiting that the court was told was “the worst red flag that a surgeon would see”, Dr Brown ordered Mrs Stefanyszyn be nil by mouth for 24 hours and put on intravenous fluids.

Two hours later Mrs Stefanyszyn was recorded as having vomited four times that morning, with “large faecal-smelling vomit noted”.

Although he saw her again later that day Dr Brown did not order any tests or vary his treatment, the court heard.

Justice Schmidt found the hospital 20 per cent responsible for Mrs Stefanyszyn’s death after evidence staff sponged her, rather than provide emergency treatment, only minutes before she suffered a cardiac arrest shortly after 5am on December 6, 2008 and after staff recorded clear warnings she was close to death.

These included an elevated pulse rate, a note that her blood pressure was “unrecordable”, and a blood oxygen level of 73 per cent, showing severe hypoxemia requiring immediate treatment to prevent death.

Justice Schmidt rejected the hospital’s argument it was only 5 per cent responsible for Mrs Stefanyszyn’s death, after evidence Mrs Stefanyszyn vomited a large amount of faecal matter an hour before her death.

“Despite this further serious variance (from expected responses), her oxygen saturation levels and other vital signs were not checked and neither Dr Brown, nor a doctor on staff was called to check on her deteriorating condition,” Justice Schmidt said.

“That involved further serious negligence for which the hospital was responsible. There was more.

“The various records kept by the hospital after this time raise unanswered questions as to what then happened to Mrs Stefanyszyn and what, in fact, those on duty did to provide her with the treatment she so desperately required.”

Mrs Stefanyszyn’s husband and two daughters are unavailable for comment. A family member said Mrs Stefanyszyn was a “lovely, gentle woman”, the family was extremely close and her loss was devastating.

Dr Brown did not respond to Newcastle Herald questions.

A Newcastle Private Hospital spokesperson said the hospital introduced a number of measures after Mrs stefanyszyn’s death that were “intended to improve the recognition and management of the deteriorating patient”.

The spokesperson said patient safety was “of the upmost importance”.