Skip to content Skip to menu

civil liability act

civil liability act

Picture of

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 – specifically, for failing to administer an additional antibiotic drug (gentamicin). Ultimately, the boy developed osteomyelitis and gangrene in his thumb, which consequently required amputation....

  1. Health Blog

Read More

Picture of

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 head and maternal pelvis. At 8:45pm she had entered the second stage of labour. She was pushing with each contraction and there was no sign of foetal distress....

  1. Health Blog

Read More

Picture of

Competent professional practice does not require evidence of “a practice”

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 restricted. Surgery to correct this problem was arranged to take place in two stages. The first operation was successful. The second ...

  1. Health Blog

Read More

Picture of

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. Unbeknownst to the Plaintiff and Dr Al-Hakeem, at the time the Implanon device was inserted, the Plaintiff was 19 days pregnant....

  1. Health Blog

Read More

Picture of

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 to the carotid artery occurring. This damage was repaired and the Plaintiff was transferred to Royal Perth Hospital (RPH) for ongoing care....

  1. Health Blog

Read More

Picture of

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 indigestion. A pelvic ultrasound later revealed an ectopic pregnancy that had ruptured her left fallopian tube and caused significant internal bleeding....

  1. Health Blog

Read More