In September 2006, the patient was referred to the cardiologist for investigation of possible involvement of her heart in neurological symptoms which she had recently experienced.
In her claim the patient alleged the cardiologist failed to carry out sufficient investigations and failed to diagnose or to prescribe treatment for a patent foramen ovale (PFO).
On 7 June 2007 the patient suffered a stroke which left her significantly disabled.
The patient claimed damages for alleged negligence upon the ground that the cardiologist failed to identify the PFO in September 2006 and allowed it to go untreated and to cause the stroke.
The Supreme Court of New South Wales found there was no breach of duty by the cardiologist because the treatment given had been reasonable in the circumstances. Further, the patient was unable to show that the alleged negligence caused her stroke. Although the evidence may have been sufficient to establish that treatment would have improved her chances of not having a stroke in June 2007, damages could not be awarded for the loss of a chance of a better outcome (Tabet v Gett (2010) 240 CLR 537).
Accordingly, the court dismissed the patient’s claim.
To read the decision in Rothonis v Lattimore [2016] NSWSC 1409, click here.
