The Plaintiff suffered from epilepsy from six years of age. In 2010, at the age of 20, the Plaintiff underwent electroencephalographic monitoring, a telemetry testing procedure requiring sleep deprivation and the withdrawal of medication to induce a seizure to...
duty of care
Liability of hospital for actions of a misbehaving patient
A B v Australian Capital Territory [2018] ACTSC 18 is a decision of the Supreme Court of the ACT which considers the liability of a hospital following the abuse and assault of the plaintiff by another patient who was affected by, at least, alcohol and admitted to the...
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...
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....
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...
No basis for extension of time
On 12 June 2010 the plaintiff, then 9 weeks pregnant with a confirmed intrauterine pregnancy, was admitted to Geraldton Regional Hospital Emergency Department after experiencing severe chest and abdominal pain. She was observed for six hours and treated for...
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...