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duty of care

duty of care

Patient unsuccessful in claim alleging GP failed to warn against reaction to cryotherapy procedure
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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 the procedure, the patient and his wife went on a holiday interstate when he claimed that his lips became very sore, swollen, ulcerated and extremely painful....

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Medical negligence rotator cuff injury claim fails
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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 advise her as to proper care for her shoulder. The plaintiff alleged that by reason of the defendants’ failures, her treatment ...

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Patient unsuccessful in negligence claim against GP for alleged failure to refer for specialist medical treatment earlier
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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 diagnosed with diabetes and had a number of other health complaints including high blood pressure and poor renal function. In ...

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Medical emergencies – is there a doctor on board?
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Medical emergencies – is there a doctor on board?

Last week, a two month old infant died on board an AirAsia flight from Kuala Lumpur to Perth. The tragic death followed an inflight medical emergency where the distressed baby was soon noticed to be grey in colour and struggling to breathe. The baby was treated immediately upon landing in Perth but was unable to be resuscitated. This very unfortunate incident raises a common question amongst the ...

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Preventable death finding highlights risks posed by violent residents
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Preventable death finding highlights risks posed by violent residents

Betty Quayle was 89 years of aged when she died on 31 May 2013.  Mrs Quayle resided at an aged care residential facility in Cairns. Resident A also resided at the same aged care residential facility.  Resident A was 74 years old and suffered from cognitive impairment, consistent with alcohol related dementia. At about 3:00am on 30 May 2013, Resident A wandered from his wing and inadvertently into Mrs Quayle’s room....

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Informed consent and usual practice of doctors
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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 Melbourne Hospital (the defendant’s hospital), where he was treated conservatively. He was discharged five days later, and subsequently ...

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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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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 be induced. After arriving at hospital at about 4:30 pm, she was attached to a foetal heart rate monitor. By 4.58 pm abnormalities ...

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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....

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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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