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failure to diagnose

failure to diagnose

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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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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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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Hospital wins appeal in appendicitis case

The claim arose from the alleged negligent care the Plaintiff received as a patient at Fremantle Hospital (the Hospital) in 2009 when it was said that staff delayed in the diagnosis of his appendicitis. It was alleged that the Hospital was negligent by: failing to diagnose appendicitis on his admission on 31 July 2009;, incorrectly interpreting the CT scans of the Plaintiff's abdomen on 31 July ...

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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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Alleged failure to diagnose melanoma

The New South Wales Supreme Court (NSWSC) has found that a doctor did not breach his duty of care in his diagnosis of the presence of a plantar wart instead of melanoma in the deceased's foot. The Court accepted that at the times the treating doctors saw the lesion on the deceased’s foot from 3 September 2009 up to and including 11 February 2011, it had the appearance of a plantar wart and ...

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