On 23 August 2011, six-year-old Justin McGregor fell and hit his head, developing a large swelling behind his left ear. His father brought him to Red Cross Memorial Hospital trauma unit at approximately 6:00 pm. Dr Horn, the duty registrar, examined Justin, found him alert and responsive with normal vital signs and a GCS of 15/15, diagnosed a minor head injury ("bump on the head"), and discharged him within approximately 15 minutes. Justin was taken home, but by 3:30 am the next morning became difficult to wake. He was rushed back to hospital where a CT scan revealed an extradural haematoma caused by a ruptured middle meningeal artery associated with a linear skull fracture in the left temporo-parietal area. Emergency surgery was performed but too late to prevent serious brain injury, leaving Justin with cerebral palsy and spastic quadriplegia. The parents sued the MEC for Health alleging Dr Horn was negligent in her examination, diagnosis, discharge decision, and discharge instructions.