JONES v HARRIS and ANOR [1997] NSWCA 169

JONES v HARRIS and ANOR [1997] NSWCA 169

The trial judge's acceptance of Professor Russell's evidence that the appellant was less than 6 weeks pregnant at the time of the procedure established that the pregnancy could not reasonably have been diagnosed and thus the respondents were not negligent. There was no basis for overturning these findings on appeal.

Parties
Appellant: Ms Jones; Respondent: Dr John Harris; Respondent: Dr John Solomon
Jurisdiction
Australia
Judgment Date
10 December 1997
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Professional Negligence, Standard of Care in Medical Practice, Causation in Negligence
Medical Law Tort Law Professional Negligence Standard of Care in Medical Practice Causation in Negligence

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Ms Jones

Appellant

Dr John Harris

Respondent

Dr John Solomon

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was more than 6 weeks pregnant at the time of the tubal ligation on 24 July 1987.
  2. 2 Whether the respondents were negligent in failing to diagnose the pregnancy prior to the procedure.

Ratio Decidendi

The trial judge's acceptance of Professor Russell's evidence that the appellant was less than 6 weeks pregnant at the time of the procedure established that the pregnancy could not reasonably have been diagnosed and thus the respondents were not negligent. There was no basis for overturning these findings on appeal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.