STAIRMAND v BAKER and ANOR [1992] NSWCA 237

STAIRMAND v BAKER and ANOR [1992] NSWCA 237

The trial judge gave insufficient weight to specific adverse consequences wholly caused by the respondents, including the loss of quality years, distress concerning her children, and unnecessary treatment, warranting a higher figure for general damages. The appropriate general damages sum was determined to be $85,000, and the appeal should be allowed to adjust the trial judgment accordingly.

Parties
Appellant: Mrs Stairmand; Respondent: Dr Baker; Respondent: Dr Wong
Jurisdiction
Australia
Judgment Date
07 February 1992
Procedural Posture
Damages Appeal / Appeal Decision
Outcome
Appeal allowed
Legal Topics
Assessment of Damages, Negligent Failure to Diagnose, Loss of Expectation of Life, Pain and Suffering, Acceleration of Symptoms
Tort Law Medical Negligence Assessment of Damages Negligent Failure to Diagnose Loss of Expectation of Life Pain and Suffering Acceleration of Symptoms

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Parties

Mrs Stairmand

Appellant

Dr Baker

Respondent

Dr Wong

Respondent

Procedural Posture

Damages Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the assessment of general damages by the trial judge was appropriate given the circumstances particular to the appellant
  2. 2 Extent of damages attributable solely to the respondents' negligence
  3. 3 Appropriate figure for loss of earnings in consideration of vicissitudes

Ratio Decidendi

The trial judge gave insufficient weight to specific adverse consequences wholly caused by the respondents, including the loss of quality years, distress concerning her children, and unnecessary treatment, warranting a higher figure for general damages. The appropriate general damages sum was determined to be $85,000, and the appeal should be allowed to adjust the trial judgment accordingly.

Court Disposition

Appeal allowed

Orders

  • Judgment below set aside
  • Judgment entered for the appellant in the sum of $181,813 as at 29 November 1991 with costs against the respondents