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...
duty of care
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...
When a doctor can disclose information in the public interest
The revised guidance provides useful clarification on when doctors can disclose information in the public interest to protect individuals or society from risks of serious harm. The benefits to an individual or to society of the disclosure must outweigh both 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...
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...
RACGP calls for electronic-only patient communication
The Royal Australian College of General Practitioners (RACGP) has released a position paper calling for all healthcare services and government agencies that communicate patient information with general practices to eliminate paper forms and faxes within the next three...
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...
Employer liable for manager’s belittling conduct
In Eaton v TriCare (Country) Pty Ltd [2016] QCA 139 the Queensland Court of Appeal found that an aged care facility had breached its non-delegable duty by failing to take steps to minimise the risk of a former employee developing a psychiatric illness due to...