Kalinovski v Langov [2023] NSWSC 1106

Kalinovski v Langov [2023] NSWSC 1106

The settlement is approved as being in the best interests of the plaintiff, in accordance with s 76 Civil Procedure Act 2005 (NSW), due to the appropriateness of the compensation figure considering disputed medical advice and causation issues.

Parties
Plaintiff: Riste Kalinovski; Defendant: Lupco Langov
Jurisdiction
Australia
Judgment Date
06 September 2023
Procedural Posture
Medical Negligence / Settlement Approval
Outcome
Settlement approved; judgment entered.
Legal Topics
Court Approval of Settlement, Medical Negligence, Discontinuation of Medication, Best Interests of Plaintiff
Civil Procedure Torts Court Approval of Settlement Medical Negligence Discontinuation of Medication Best Interests of Plaintiff

Case Brief

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Parties

Riste Kalinovski

Plaintiff

Lupco Langov

Defendant

Procedural Posture

Medical Negligence / Settlement Approval

Legal Issues

  1. 1 Whether the advice to discontinue anticoagulant medication was given and appropriate
  2. 2 Whether the cessation of anticoagulant medication caused the stroke
  3. 3 Whether the proposed settlement is in the best interests of the plaintiff

Ratio Decidendi

The settlement is approved as being in the best interests of the plaintiff, in accordance with s 76 Civil Procedure Act 2005 (NSW), due to the appropriateness of the compensation figure considering disputed medical advice and causation issues.

Court Disposition

Settlement approved; judgment entered.

Orders

  • Settlement approved in accordance with s 76 Civil Procedure Act 2005 (NSW)
  • Judgment entered as per orders 2 and 3 of consent judgment