Williams v Fraser [2021] NSWSC 416

Williams v Fraser [2021] NSWSC 416

Dr Stening was not liable because the Court found that neither Ms Williams nor her mother complained of or demonstrated back pain to him on 20 June 2012 or 3 December 2012, and that on a presentation of hip and pelvic pain only his management accorded with widely accepted competent professional practice. Dr Fraser admitted breach in failing to identify and report the pars defect, but the plaintiff did not prove factual causation: the evidence did not establish on the balance of probabilities that earlier diagnosis and conservative management would have avoided deterioration, surgery or the chronic pain syndrome, and established no more than a chance of a better outcome. Judgment was...

Jurisdiction
Australia
Judgment Date
20 May 2021
Procedural Posture
Medical Negligence Claim / Principal Judgment After Hearing
Outcome
Judgment for the defendants.
Legal Topics
['breach of Duty' 'causation' 'peer Professional Opinion' 'inherent Risk' 'loss of Chance' 'radiology Reporting' 'orthopaedic Treatment' 'spondylolisthesis']
['medical Negligence' 'tort Law' 'civil Liability'] ['breach of Duty' 'causation' 'peer Professional Opinion' 'inherent Risk' 'loss of Chance' 'radiology Reporting' 'orthopaedic Treatment' 'spondylolisthesis']

Case Brief

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Procedural Posture

Medical Negligence Claim / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether Dr Fraser's admitted failure to report the pars defect in the 24 May 2012 X-ray report caused Ms Williams' loss and damage." 'Whether Ms Williams or her mother complained of, or demonstrated, back pain to Dr Stening on 20 June 2012 or 3 December 2012.' 'Whether Dr Stening breached his duty by failing to take, record, investigate or treat a history of lower back pain, or by failing to examine for back pathology despite a presentation of hip and pelvic pain.' "Whether earlier conservative management would probably have avoided deterioration of Ms Williams' spondylolisthesis, the need for surgery, or her chronic pain syndrome." 'Whether Ms Williams established causation on the balance of probabilities rather than only a chance of a better outcome.']

Ratio Decidendi

Dr Stening was not liable because the Court found that neither Ms Williams nor her mother complained of or demonstrated back pain to him on 20 June 2012 or 3 December 2012, and that on a presentation of hip and pelvic pain only his management accorded with widely accepted competent professional practice. Dr Fraser admitted breach in failing to identify and report the pars defect, but the plaintiff did not prove factual causation: the evidence did not establish on the balance of probabilities that earlier diagnosis and conservative management would have avoided deterioration, surgery or the chronic pain syndrome, and established no more than a chance of a better outcome. Judgment was...

Court Disposition

Judgment for the defendants.

Orders

  • ['Judgment for the defendants.' 'Costs reserved.']