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Peer Professional Opinion Defence Rejected Again
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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 attack for at least a day prior to attending hospital, his late presentation suggested that his prognosis was poor. He was discharged after 5 days, on 18 November 2016, but died at home on 21 November 2016....

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Varicose veins: risks and benefits of undergoing elective surgery

The then 58-year-old patient attended upon the vascular surgeon in April 2014 on referral from her GP regarding her varicose veins. The patient’s friend had suffered a blood clot caused by varicose veins which had broken apart and resulted in a serious condition requiring hospitalisation. In July 2014, the patient underwent varicose vein stripping surgery and later developed right hip and buttock pain requiring ongoing therapy and pain management....

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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 plaintiffs submitted that the hospital should have informed them about concerns for Saba’s health that arose during the pregnancy....

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Court orders brain surgery on 12-month-old baby against parents’ wishes

Baby K was born on 22 July 2017 with cortical dysplasia in the left hemisphere of his brain. As a consequence, K suffers from a form of epilepsy that is unresponsive to medication. He has spent 10 of his 12 months of life in Lady Cilento Children’s Hospital in Brisbane due to his severe and frequent seizures. K has undergone various treatments, including anticonvulsive drugs, a trial of cannabis oil and ketogenic diet, which have proved largely ineffective....

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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 ...

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Inexact evidence on causation sufficient to demonstrate material contribution

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 determine if surgery would be suitable to address her epileptic episodes. During the telemetry procedure the Plaintiff experienced a prolonged ...

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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 same ward. The plaintiff had suffered a PTSD as a result. The plaintiff alleged that the abuse and assault only took place because ...

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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 suffered a haemorrhage which left him with significant impairment. It was accepted that there were two available courses of treatment: ...

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Assault or battery case against medical staff dismissed

The applicant was employed as a security officer at Gladstone Hospital. In the evening on 2 August 2012, he was observed to be acting unusually while at work and was directed by a co-worker to attend the Emergency Department. There he was seen by a nurse and a locum doctor who believed him to be either under the influence of alcohol or illicit drugs, or suffering from a medical condition that would require urgent attention....

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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....

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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....

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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 plaintiff subsequently underwent left lower lobectomy and lymph node dissection surgery. Post-surgery, analysis of the tissue dissected found that there was no cancer....

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