The Plaintiff experienced a sudden onset of excruciating pain to her chest radiating to her left arm and was taken to the Hospital’s Accident and Emergency Department for assessment. While the Hospital’s assessment of the Plaintiff involved a number of aspects, it did...
negligence
Patient unsuccessful in claim alleging GP failed to warn against reaction to cryotherapy procedure
Background On 19 March 2018, Mr Cowie (‘the patient’) underwent a cryotherapy procedure, being the use of liquid nitrogen, to remove some keratosis on his bottom lip (‘the procedure’). The procedure was performed by Dr Quinn. On 6 April 2018, more than 17 days after...
Medical negligence rotator cuff injury claim fails
The plaintiff’s arm had been dislocated by a horse bite. The plaintiff alleged that the defendants each breached their duty of care to her by failing to order imaging to identify a rotator cuff injury, failing to refer her to an orthopaedic specialist, and failing to...
Patient unsuccessful in negligence claim against GP for alleged failure to refer for specialist medical treatment earlier
Background Mr Elysee (‘the patient’) was a patient at Bankstown Medical Centre over a period of about 10 years. He had a complex combination of conditions and saw many doctors over that time. During the time when he was attending Bankstown Medical Centre he was...
Informed consent and usual practice of doctors
On 21 January 2013, the plaintiff jumped from the balcony of a second storey building, intending to land in the swimming pool below. Unfortunately, he missed the pool and suffered comminuted fractures to the calcaneal bones in each ankle. He was taken to the Royal...
Peer Professional Opinion Defence Rejected Again
Mr Frangie (the Deceased) suffered a heart attack at home. He was taken to Liverpool Hospital where, following investigations, it was found he had suffered a ST elevation myocardial infarct (STEMI). As it was likely that the Deceased had been suffering the heart...
Failure to warn gives rise to wrongful birth claim: Nouri v Australian Capital Territory [2018] ACTSC
Saba Nouri was born on 3 November 2011 to the plaintiffs with severe disabilities. Saba’s disabilities were characterised as VACTERL association – a collection of vertebral, anorectal, cardiac, tracheo-oesophageal, oesophageal, renal and limb abnormalities. The...
Hospital, obstetrician sued for negligence after stillbirth of baby
Background On 13 January 2011, KS was admitted to Calvary Private Hospital. She was a patient of Dr Foote, an obstetrician and gynaecologist, and was pregnant with her first child. By 13 January 2011 the baby was one week overdue and it had been agreed that KS would...
Peer professional opinion and irrationality
In South Western Sydney Local Health District v Gould [2018] NSWCA 69, the NSW Court of Appeal overturned the District Court decision in which the appellant had been found liable in negligence for the treatment of an 8 year old boy’s open fracture to his left thumb –...
GP Obstetrician’s conduct not widely accepted practice
Background At 8:25am on 24 August 2009, Cooper’s mother was induced and progressed normally until she reached full dilatation at 8:40pm. There had been no recorded foetal head movements from 4:30pm, and there was clinical evidence of disproportion between the foetal...