The grieving widow of a respected heart surgeon, who was killed by a smoker in a one-punch attack, is suing the hospital he worked for, claiming that it failed to keep him safe despite a history of aggression at the site.
Christine Baumberg and her twin daughters Elsa and Sophia have launched legal action in Victoria's Supreme Court, saying the hospital's operator, Eastern Health, breached its duty of care to Patrick Pritzwald-Stegmann.
Lawyers for the family argue the hospital network "failed to take reasonable care to provide a safe workplace and to take reasonable steps to avoid exposing the deceased to unnecessary risk of injury and was thereby negligent".
They say the hospital failed to review safety practices, despite a history of aggressive incidents in the three years leading up to Mr Pritzwald-Stegmann's death.
They also say Eastern Health failed to provide "adequate assistance" to the surgeon when he was in immediate danger from his killer, and should have provided him with a portable duress alarm and de-escalation training.
The family is suing for loss of earnings, loss of earning capacity and special damages.
It is also claiming loss of dependency, with the surgeon earning about $700,000 per year from his private practice.
Mr Pritzwald-Stegmann, 41, died in hospital almost one month after being struck in the head by Joseph Esmaili outside Box Hill Hospital in 2017.
The cardio-thoracic surgeon was on his way home when he asked Esmaili, who a jury found guilty of manslaughter, to stop smoking outside the hospital's entrance.
Mr Pritzwald-Stegmann went back inside the hospital to get security when Esmaili, who had gone inside to use the bathroom, overheard and began abusing him.
Without warning, Esmaili punched the surgeon before fleeing.
Esmaili was arrested the next day but Mr Pritzwald-Stegmann never woke from a coma and eventually, his family made the decision to turn off his life support.
A jury rejected the argument from Esmaili's lawyers that it was this decision, and not the punch, that ultimately killed the surgeon.
Ms Baumberg and her twin daughters say that since Mr Pritzwald-Stegmann's death, they have suffered from post traumatic stress, anxiety and depression.
In documents lodged with the Supreme Court of Victoria, Ms Baumberg says Eastern Health knew there were probably aggressive people on the grounds of the hospital and that there was a "likelihood" that they would injure workers like her husband.
Lawyers for the family also say the hospital network failed to:
- Take any steps to enforce the smoking policy around the hospital
- Provide an area for smoking away from the entrance
- Have adequate security levels
- Provide Mr Pritzwald-Stegmann with "aggression management training"
- Provide an adequate system for managing aggressive people in the hospital
- Undertake reviews of safety practices
- Have separate entries and exits for staff
In response to the legal action, Eastern Health's chief executive, David Plunkett, said the death of Mr Pritzwald-Stegmann had "deeply impacted" many at the hospital network.
"This was a terrible incident and we again extend our deepest condolences to his wife and family," Mr Plunkett said.
"Eastern Health will be reviewing the documents and respond via the usual process."
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