One might conclude from the decision, that the Plaintiff, Mr Holcombe, presented as an honest, stoic and credible 42-year-old man, who had tolerated many years of pain and discomfort. However, as the Court concluded, the decision to extend a limitation period must be...
case law
Neurosurgeon failed to properly advise of treatment options
In February 2011, the Plaintiff was found to have a benign brain tumour. He consulted with Dr Day, a neurosurgeon, who recommended that the tumour be removed by way of endoscopic surgery. The surgery was performed without incident but shortly thereafter the Plaintiff...
Assault or battery case against medical staff dismissed
The applicant was employed as a security officer at Gladstone Hospital. In the evening on 2 August 2012, he was observed to be acting unusually while at work and was directed by a co-worker to attend the Emergency Department. There he was seen by a nurse and a locum...
GP successfully defends claim alleging negligent insertion of Implanon device
Background On 31 August 2011, the Plaintiff attended on Dr Al-Hakeem and ultimately had an Implanon contraceptive device inserted into her arm. For an Implanon device to be effective, it must be inserted within the first five days of the patient’s menstrual cycle....
Podiatrist’s application for judicial review of Board’s decision to caution him dismissed
In October 2015, the Board received a notification from a patient on whom the podiatrist had performed surgery. The complaint had been about the result of the surgery and did not deal with the adequacy of the consultation, discussion of risks, and process of obtaining...
Hospital found to have delayed in treating bacterial meningitis
In 2005 the plaintiff was diagnosed with a benign brain tumour. Surgery to remove the tumour in 2006 led to 90% of the tumour being removed. Further surgery undertaken in September 2007, which all experts described as complex, was unable to be completed due to damage...
Referral for surgery – competent professional practice
The defendant, a specialist respiratory physician, referred the plaintiff to a cardiothoracic surgeon for treatment of a lung mass following the defendant’s diagnosis of Stage II large cell lung cancer, based on clinical assessment and medical investigations. The...
Appeal against alleged failure to diagnose melanoma
The NSWCA’s central inquiry in the appeal was about the appearance of the lesion when the deceased first attended his GP. Due to the inadequacy of the notes taken by the four doctors who had treated the deceased, evidence about the appearance of the lesion was...
Battery and negligence – Incisional hernia repair
The operation was performed by a surgical registrar under the supervision of a specialist general surgeon. Post-operatively, the plaintiff developed a severe infection associated with the placement of surgical mesh over the region of the hernia dissection. The...
Hospital’s breach was not causative of psychiatric patient’s attempted suicide
Daniel Smith, 25, reported depression, crying and insomnia to his GP on 15 April 2008. This was secondary to his break up with his ex-fiancée, pain from a motor vehicle accident in 2006, associated court proceedings, and his excessive consumption of alcohol. On 30...