Stevenson v A/Prof Morgan [2015] NSWSC 1230

Stevenson v A/Prof Morgan [2015] NSWSC 1230

Given the disparate expertise of the authors of the reports and the principle that only those experts who opine on a topic should attend conclaves on that topic, it is inappropriate to require Mr Iyer and Ms Morris to participate in the joint conference with the rehabilitation physicians.

Parties
Plaintiff: Rosemary Theresa Stevenson; 1st Defendant: Associate Professor Gary John Morgan; 2nd Defendant: Western Sydney Local Health Network
Jurisdiction
Australia
Judgment Date
27 August 2015
Procedural Posture
Medical Negligence / Interlocutory Motion (composition of Expert Joint Conference)
Outcome
Plaintiff's motion granted
Legal Topics
Expert Evidence, Joint Conference of Experts, Damages Assessment
Medical Negligence Expert Evidence Joint Conference of Experts Damages Assessment

Case Brief

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Parties

Rosemary Theresa Stevenson

Plaintiff

Associate Professor Gary John Morgan

1st Defendant

Western Sydney Local Health Network

2nd Defendant

Procedural Posture

Medical Negligence / Interlocutory Motion (composition of Expert Joint Conference)

Legal Issues

  1. 1 Whether vocational assessor and occupational therapist should participate in joint conference with rehabilitation physicians in damages aspect of medical negligence claim

Ratio Decidendi

Given the disparate expertise of the authors of the reports and the principle that only those experts who opine on a topic should attend conclaves on that topic, it is inappropriate to require Mr Iyer and Ms Morris to participate in the joint conference with the rehabilitation physicians.

Court Disposition

Plaintiff's motion granted

Orders

  • Mr Shyam Iyer and Ms Rachel Morris are not required to participate in the joint conference between Associate Professor Richard Jones and Dr Lorraine Jones.