Lee (a pseudonym) v Dhupar [2020] NSWDC 717

Lee (a pseudonym) v Dhupar [2020] NSWDC 717

Dr Dhupar was negligent in performing the plaintiff's tubal ligation: she misapplied the left Filshie clip, placing it too laterally and including extraneous tissue, failing to ensure proper closure and locking as required by relevant standards and manufacturer instructions, and failing to check both sides. This fell below the requisite standard of care. Her actions were not a typical use of the Filshie system nor supported by peer professional practice. The misapplication, not inherent risk or device failure, caused the pregnancy. The statutory defences under s 5I and s 5O of the Civil Liability Act 2002 (NSW) were not made out. Accordingly, the defendant was liable for the plaintiff's...

Parties
Plaintiff: Jodie Lee (a pseudonym); Defendant: Nita Dhupar
Jurisdiction
Australia
Judgment Date
19 November 2020
Procedural Posture
Civil / Principal Judgment After Trial
Outcome
Judgment for the plaintiff
Legal Topics
Professional Negligence, Gynaecological Surgery, Elective Sterilisation, Assessment of Damages, Causation, Standard of Care, Civil Liability Act 2002 (nsw), Peer Professional Practice, Inherent Risk
Torts Medical Negligence Professional Negligence Gynaecological Surgery Elective Sterilisation Assessment of Damages Causation Standard of Care +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Jodie Lee (a pseudonym)

Plaintiff

Nita Dhupar

Defendant

Procedural Posture

Civil / Principal Judgment After Trial

Legal Issues

  1. 1 Whether Dr Dhupar was negligent in performing tubal ligation surgery on the plaintiff
  2. 2 Whether the defendant's actions fell below the applicable standard of care under the Civil Liability Act 2002 (NSW)
  3. 3 Whether the pregnancy was caused by inherent risk or operator error

Ratio Decidendi

Dr Dhupar was negligent in performing the plaintiff's tubal ligation: she misapplied the left Filshie clip, placing it too laterally and including extraneous tissue, failing to ensure proper closure and locking as required by relevant standards and manufacturer instructions, and failing to check both sides. This fell below the requisite standard of care. Her actions were not a typical use of the Filshie system nor supported by peer professional practice. The misapplication, not inherent risk or device failure, caused the pregnancy. The statutory defences under s 5I and s 5O of the Civil Liability Act 2002 (NSW) were not made out. Accordingly, the defendant was liable for the plaintiff's...

Court Disposition

Judgment for the plaintiff

Orders

  • Verdict and judgment for the plaintiff in the sum of $408,700;
  • The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered;