In Sparks v Hobson; Gray v Hobson [2018] NSWCA 29, the Plaintiff suffered from Noonan Syndrome, a genetic disorder that prevents normal development in various parts of the body. Due to this disorder, his ability to fill his lungs with air, and hence to breathe, was...
negligence
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...
No Extension of Limitation Period 16 Years Post-Surgery
One might conclude from the decision, that the Plaintiff, Mr Holcombe, presented as an honest, stoic and credible 42-year-old man, who had tolerated many years of pain and discomfort. However, as the Court concluded, the decision to extend a limitation period must be...
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....
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...