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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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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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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....

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Defaming a doctor online proves costly

In March 2010, Mr Mazzella underwent a hip arthroscopy, performed by orthopaedic surgeon, Dr Al Muderis. Subsequently, the patient claimed that the surgeon performed the operation negligently, causing numbness in his genitals and decreased sexual function. Dr Al Muderis sent the patient for various neurology and urology tests, which found no evidence of nerve damage. Mr Mazzella commenced legal ...

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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 next morning due to the later arrival of other emergencies that hospital staff had assessed as having higher priority. The plaintiff also received antibiotic therapy at the hospital....

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Dependency tables used to assess damages in fatal accident claims to be updated

The late Mr Norris died from liver disease in 2011, at the age of 52. He was survived by his wife, Dr Norris, and their two teenage sons. In 2013 Dr Norris sued Dr Routley, her late husband’s treating specialist, who accepted that his negligent failure to refer Mr Norris for a liver transplant was a cause of his untimely death. At first instance, the trial judge awarded Dr Norris damages in sum of $21,757....

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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 supervision, a seizure was induced through medication withdrawal and sleep deprivation.  At 4:03am on 5 January 2010, the patient commenced a seizure episode which lasted for two hours and 44 minutes....

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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 investigations and failed to diagnose or to prescribe treatment for a patent foramen ovale (PFO). On 7 June 2007 the patient suffered a stroke which left her significantly disabled....

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In the FWO’s line of fire: A warning to all medical practice owners/doctors

The Federal Circuit Court of Australia has ordered that Windaroo Medical Surgery pay a pecuniary penalty of $39,600 for acting in contravention of sections 343 and 340 of the Fair Work Act 2009 (Cth).  The unlawful conduct included: making the following threats to coerce the doctor into not pursuing a complaint that he had made to the Fair Work Ombudsman against the surgery (Complaint); threatening ...

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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 every second day. On 14 May 2010, she underwent a series of tests, including another ultrasound. A doctor told her she was fine and could go....

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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 armed robbery. The plaintiff consulted the general practitioner on two occasions in October 2011 and alleged that the general practitioner ...

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