Surgeon not at fault in ice burn case

A judge has found that a surgeon was blameless when a surgical freezing machine malfunctioned, causing ice burns to an elderly woman.

Edna Brown, 84, suffered the equivalent of frostbite inside her mouth, with burns on her right cheek and veins and nerves burned away.

In March 2003, she went to the oral and maxillofacial surgeon to have a damaged nerve numbed by freezing it to minus 60C with nitrous oxide from a "cryogun".

But half-way through the two-minute procedure, the borrowed machine started to hiss and spit. Liquid nitrous oxide started falling from the shaft of the gun.

An ice-ball formed and rapidly grew in Mrs Brown's mouth.

He twice instructed the nurse to turn off the gas cylinder, which she was trying to do.

Judge Nicola Mathers found that the surgeon, whose name is suppressed, was not to blame for the incident, which left the elderly woman in hospital for almost three weeks.

She dismissed a case brought by the Department of Labour and awarded the surgeon $18,750 in costs.

The judge ruled: "The machine was a simple and safe machine in excellent condition. [The surgeon] carried out proper tests prior to using the machine. All was in order at that stage. The cylinder was also tested.

"The cylinder provided a second layer of safety. It seems for reasons unknown, both the machine and the cylinder suddenly and catastrophically failed at the same time."

In a subsequent judgment, Judge Mathers said: "In this present case I have found that the defendant was not at fault."

She found that servicing the machine or other inspections would not have prevented the incident.