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duty of care

duty of care

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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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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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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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Appeal against alleged failure to diagnose melanoma

The NSWCA’s central inquiry in the appeal was about the appearance of the lesion when the deceased first attended his GP. Due to the inadequacy of the notes taken by the four doctors who had treated the deceased, evidence about the appearance of the lesion was dependent on the recollections of the doctors and the deceased’s wife. The NSWCA ultimately accepted the evidence of the treating ...

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Battery and negligence - Incisional hernia repair

The operation was performed by a surgical registrar under the supervision of a specialist general surgeon. Post-operatively, the plaintiff developed a severe infection associated with the placement of surgical mesh over the region of the hernia dissection. The plaintiff re-presented to the hospital on two further occasions after the operation. The plaintiff’s primary case was in battery alleging ...

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Hospital’s breach was not causative of psychiatric patient’s attempted suicide

Daniel Smith, 25, reported depression, crying and insomnia to his GP on 15 April 2008. This was secondary to his break up with his ex-fiancée, pain from a motor vehicle accident in 2006, associated court proceedings, and his excessive consumption of alcohol. On 30 October 2008, Mr Smith consulted his GP reporting insomnia and anger following another break up with his ex-fiancée. He was ...

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