Walls v Lance & Anor [2001] NSWSC 737

Walls v Lance & Anor [2001] NSWSC 737

The plaintiff failed to prove, on the balance of probabilities, that there was any breach of duty by the defendants in relation to diagnosis, the choice of investigative or treatment methods, or failure to warn, or that any alleged breach caused the injuries of which she complained. The expert evidentiary material...

Source-derived case information.

Parties
Plaintiff: Cynthia Sarah Jane Walls; First Defendant: James Waldo Lance; Second Defendant: South Eastern Sydney Area Health Service
Jurisdiction
Australia
Judgment Date
29 August 2001
Procedural Posture
Professional Medical Negligence and Assault Claim / Trial on Liability
Outcome
Proceedings dismissed
Legal Topics
Professional Negligence, Assault in Medical Procedures, Standard of Care, Informed Consent
Medical Negligence Torts Professional Negligence Assault in Medical Procedures Standard of Care Informed Consent

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Parties

Cynthia Sarah Jane Walls

Plaintiff

James Waldo Lance

First Defendant

South Eastern Sydney Area Health Service

Second Defendant

Procedural Posture

Professional Medical Negligence and Assault Claim / Trial on Liability

Legal Issues

  1. 1 Whether the defendants were negligent in diagnosis, treatment, or failure to warn the plaintiff of risks
  2. 2 Whether the plaintiff suffered harm causally connected with any negligent act or omission
  3. 3 Whether there was assault (trespass to person) by failure to obtain proper consent for the procedure

Ratio Decidendi

The plaintiff failed to prove, on the balance of probabilities, that there was any breach of duty by the defendants in relation to diagnosis, the choice of investigative or treatment methods, or failure to warn, or that any alleged breach caused the injuries of which she complained. The expert evidentiary material supported the appropriateness of the procedures and treatments provided, and did not support any causal connection between alleged acts/omissions and the plaintiff's symptoms. The assault/trespass claim failed as valid consent was given. The proceedings must be dismissed.

Court Disposition

Proceedings dismissed

Orders

  • Proceedings are dismissed
  • Plaintiff to pay the costs of the proceedings