Mia-Angel Bridges-Cole by her litigation guardian Chantelle Sheree Bridges v Dr Zaffar Hussain; Chantelle Sheree Bridges v Dr Zaffar Hussain [2023] NSWSC 18

Mia-Angel Bridges-Cole by her litigation guardian Chantelle Sheree Bridges v Dr Zaffar Hussain; Chantelle Sheree Bridges v Dr Zaffar Hussain [2023] NSWSC 18

The Court rejected Chantelle Bridges' evidence on disputed facts in the absence of independent corroboration, accepted the defendant's account and clinical notes, and found that Mia-Angel's presentations on 15 March 2013 and 28 March 2013 were consistent with simple conditions rather than symptoms requiring further investigation. The unchallenged and joint expert evidence supported that the defendant's conduct was widely accepted as competent professional practice, and those opinions were not irrational. The s 5O defence was therefore made out and the defendant was not liable in negligence, requiring verdicts for the defendant in both proceedings.

Jurisdiction
Australia
Judgment Date
09 February 2023
Procedural Posture
Common Law Torts Negligence Proceedings Against a General Practitioner Alleging Negligence / Principal Judgment After Hearing
Outcome
Verdicts entered for the defendant Zaffar Hussain in both proceedings; parties to be heard on costs.
Legal Topics
['medical Negligence' 'professional Standard of Care' 'civil Liability Act 2002 (nsw) S 5 O Defence' 'assessment of Witness Credit' 'service of Expert Medical Evidence Outside Prescribed Time Periods']
['torts' 'negligence' 'evidence' 'practice and Procedure'] ['medical Negligence' 'professional Standard of Care' 'civil Liability Act 2002 (nsw) S 5 O Defence' 'assessment of Witness Credit' 'service of Expert Medical Evidence Outside Prescribed Time Periods']

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Procedural Posture

Common Law Torts Negligence Proceedings Against a General Practitioner Alleging Negligence / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the defendant breached the duty of care owed to Mia-Angel Bridges-Cole in consultations on 15 March 2013 and 28 March 2013.' 'Whether the defendant acted in a manner widely accepted in Australia by peer professional opinion as competent professional practice under s 5O of the Civil Liability Act 2002 (NSW).' 'Whether the evidence of Chantelle Bridges was reliable on disputed factual issues concerning the consultations.' 'Whether leave should be granted to rely on additional expert medical reports obtained during the hearing outside the prescribed time periods.']

Ratio Decidendi

The Court rejected Chantelle Bridges' evidence on disputed facts in the absence of independent corroboration, accepted the defendant's account and clinical notes, and found that Mia-Angel's presentations on 15 March 2013 and 28 March 2013 were consistent with simple conditions rather than symptoms requiring further investigation. The unchallenged and joint expert evidence supported that the defendant's conduct was widely accepted as competent professional practice, and those opinions were not irrational. The s 5O defence was therefore made out and the defendant was not liable in negligence, requiring verdicts for the defendant in both proceedings.

Court Disposition

Verdicts entered for the defendant Zaffar Hussain in both proceedings; parties to be heard on costs.

Orders

  • ['In proceedings 2016/131797, I enter a verdict for the defendant Zaffar Hussain.' 'In proceedings 2017/329472, I enter a verdict for the defendant Zaffar Hussain.' 'I will hear the parties on the question of costs.']