In March 2010, Mr Mazzella underwent a hip arthroscopy, performed by orthopaedic surgeon, Dr Al Muderis. Subsequently, the patient claimed that the surgeon performed the operation negligently, causing numbness in his genitals and decreased sexual function. Dr Al...
case law
Surgeon and anaesthetist negligent for failure to abandon operation
The patient, Mr Hobson, was born with Noonan Syndrome, a genetic disorder which manifested in a severe lordoscoliosis and idiosyncratic shape of his chest as a result of which he had developed difficulties breathing. Mr Hobson’s condition had deteriorated to the point...
Hospital negligent over amputation of child’s thumb
The plaintiff had sustained a severe complex crushing injury to his left thumb and was diagnosed with fractures. Following his presentation to the hospital, the plaintiff’s surgery for wound exploration, washout and fixation of his fractures was postponed until the...
Hospital wins appeal in appendicitis case
The claim arose from the alleged negligent care the Plaintiff received as a patient at Fremantle Hospital (the Hospital) in 2009 when it was said that staff delayed in the diagnosis of his appendicitis. It was alleged that the Hospital was negligent by: failing to...
Dependency tables used to assess damages in fatal accident claims to be updated
The late Mr Norris died from liver disease in 2011, at the age of 52. He was survived by his wife, Dr Norris, and their two teenage sons. In 2013 Dr Norris sued Dr Routley, her late husband’s treating specialist, who accepted that his negligent failure to refer Mr...
Does a practitioner’s mental illness automatically mean impairment?
The practitioner had a long history of mental illness, with periods of hospitalisation and community treatment orders (CTO) dating back to 1998. She suffered from a serious chronic psychotic disorder characterised by paranoid delusions and disorganised behaviour. As a...
Epilepsy intervention study leads to $1.6M payout
The patient suffered from epilepsy due to an antenatal stroke. At age 21, she underwent telemetry testing to determine her eligibility for surgical intervention. The testing required her brain activity to be monitored during a seizure. Whilst under Hospital care and...
Can emails be legally binding?
What will the court look for? When determining whether or not there is a binding contract the court will look objectively at the broader context of the emails and the intention of the parties, including: whether there is any indication that the parties intended to be...
Doctor suspended for falsifying medical records
In a recent Tribunal decision, the Medical Board’s decision to take immediate action against a practitioner by suspending his registration was upheld because the Tribunal considered the practitioner’s dishonest and unethical conduct in falsifying medical records meant...
Bleach treatment of elderly patient leads to disciplinary action
A NSW Professional Standards Committee recently found a Registered Nurse guilty of unsatisfactory professional conduct in relation to a complaint about her care and treatment of a patient in an Aged Care Service. The patient was an elderly lady with deteriorating...