Sanders v Dr Hillier [2013] NSWDC 192

Sanders v Dr Hillier [2013] NSWDC 192

The plaintiff failed to prove breach of duty or causation. The expert evidence, including the joint expert report, supported that it was reasonable for the defendant on 19 May 2010 to refer the plaintiff urgently to Dr Landy, a consultant physician and gastroenterologist, and there was no clinical evidence then sufficient to justify a diagnosis of small bowel obstruction or a surgical referral. The defendant's conduct was consistent with competent peer professional practice and the s 5O defence was made out for each pleaded particular. In any event, the plaintiff did not prove that referral to a surgeon would have avoided the relevant injury or produced a compensable better outcome, and...

Jurisdiction
Australia
Judgment Date
20 September 2013
Procedural Posture
Proceedings for Damages for Professional Negligence Against an Orthopaedic Surgeon / Principal Judgment After Hearing
Outcome
Judgment for the defendant; costs reserved.
Legal Topics
['professional Negligence' 'breach of Duty of Care' 'peer Professional Opinion' 'civil Liability Act 2002 (nsw) S 5 O' 'causation' 'loss of Chance of a Better Medical Outcome' 'expert Evidence']
['tort' 'medical Negligence' 'civil Liability'] ['professional Negligence' 'breach of Duty of Care' 'peer Professional Opinion' 'civil Liability Act 2002 (nsw) S 5 O' 'causation' 'loss of Chance of a Better Medical Outcome' 'expert Evidence']

Case Brief

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Procedural Posture

Proceedings for Damages for Professional Negligence Against an Orthopaedic Surgeon / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the defendant negligently failed to diagnose that the plaintiff had a developing small bowel obstruction in a timely fashion.' 'Whether referring the plaintiff to a consultant physician and gastroenterologist rather than to a surgeon on 19 May 2010 was negligent.' "Whether the defendant's conduct was widely accepted in Australia by peer professional opinion as competent professional practice under s 5O Civil Liability Act 2002 (NSW)." "Whether any breach by the defendant caused the plaintiff's injury, loss and damage." 'Whether the plaintiff could recover for loss of a chance of a better medical outcome.']

Ratio Decidendi

The plaintiff failed to prove breach of duty or causation. The expert evidence, including the joint expert report, supported that it was reasonable for the defendant on 19 May 2010 to refer the plaintiff urgently to Dr Landy, a consultant physician and gastroenterologist, and there was no clinical evidence then sufficient to justify a diagnosis of small bowel obstruction or a surgical referral. The defendant's conduct was consistent with competent peer professional practice and the s 5O defence was made out for each pleaded particular. In any event, the plaintiff did not prove that referral to a surgeon would have avoided the relevant injury or produced a compensable better outcome, and...

Court Disposition

Judgment for the defendant; costs reserved.

Orders

  • ['Judgment for the defendant.' 'Costs reserved.' 'Liberty to apply in relation to costs.' 'Exhibits retained for 28 days.']