From 1 July 2017 there is an increase in the Specified Amounts set out in s.10 and s.13 of the Civil Liability Act 2002 as follows: Amount A: $21,000 Amount C: $62,500 Amount B: $7,000
common law
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...
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...
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...
Patient who suffered a stroke fails in her medical negligence claim against cardiologist
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...
In the FWO’s line of fire: A warning to all medical practice owners/doctors
The Federal Circuit Court of Australia has ordered that Windaroo Medical Surgery pay a pecuniary penalty of $39,600 for acting in contravention of sections 343 and 340 of the Fair Work Act 2009 (Cth). The unlawful conduct included: making the following threats to...
Alleged failure to diagnose melanoma
The New South Wales Supreme Court (NSWSC) has found that a doctor did not breach his duty of care in his diagnosis of the presence of a plantar wart instead of melanoma in the deceased's foot. The Court accepted that at the times the treating doctors saw the lesion on...
Mother awarded $1.8m in damages after her baby dies in hospital
Background In mid-April 2010, the mother suffered from a severe attack of gastroenteritis. She was required to attend Wagga Wagga Base Hospital every day for a period of three weeks. Daily CTG monitoring of her baby was carried out and an ultrasound was performed...
Medical negligence; failure of general practitioner to refer plaintiff for specialist treatment
Gulab Khan v Matthew Rathjen [2016] NSWDC 139 is a recent decision concerning a failure of a general practitioner to refer the plaintiff for specialist treatment after he sustained lacerations over his left hand when he grabbed a knife to avoid being stabbed during an...