It was alleged in the proceedings that the doctor breached his duty of care in that he failed to provide any or any adequate advice or guidance concerning the risks of contracting TB in Vietnam and the benefits of, or need for, appropriate vaccinations before travelling there. It was further alleged that the infant plaintiff would not have contracted TB if she had been vaccinated beforehand. The doctor denied liability and relied upon a defence of professional peer opinion, in accordance with s 5O of the Civil Liability Act 2002.
The parties reached a settlement agreement of $210,000 plus costs. The court found that the proposed settlement was in the best interests of the infant plaintiff and approved the settlement.
To read the decision in Choi v Dr Ong [2021] NSWSC 178 click here.
