Brown v Simpson [2008] NSWDC 57

Brown v Simpson [2008] NSWDC 57

The injury to the plaintiff's left ureter was caused by an inadvertent diathermy burn during surgery, and this constituted a breach of the applicable standard of care; the risk was not inherent nor was the defendant protected by peer professional opinion. The plaintiff was awarded damages for the losses suffered as a result of this negligent conduct.

Parties
Plaintiff: William John Brown; First Defendant: Dr Richard Robert Simpson; Second Defendant: Northern Sydney Central Coast Area Health Service
Jurisdiction
Australia
Judgment Date
22 April 2008
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the plaintiff.
Legal Topics
Causation, Standard of Care, Professional Negligence, Civil Liability Act 2002 Ss 5 I, 5 O, Assessment of Damages
Tort Law Medical Negligence Causation Standard of Care Professional Negligence Civil Liability Act 2002 Ss 5 I, 5 O Assessment of Damages

Case Brief

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Parties

William John Brown

Plaintiff

Dr Richard Robert Simpson

First Defendant

Northern Sydney Central Coast Area Health Service

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 What was the cause of the injury to the plaintiff's left ureter?
  2. 2 Was the injury caused by a breach of the duty of care by the defendants during surgery?
  3. 3 Does ss 5I or 5O of the Civil Liability Act 2002 provide a defence?

Ratio Decidendi

The injury to the plaintiff's left ureter was caused by an inadvertent diathermy burn during surgery, and this constituted a breach of the applicable standard of care; the risk was not inherent nor was the defendant protected by peer professional opinion. The plaintiff was awarded damages for the losses suffered as a result of this negligent conduct.

Court Disposition

Judgment for the plaintiff.

Orders

  • Verdict and judgment for the plaintiff in the sum of $268,784.79.
  • The defendants are to pay the plaintiff's costs of the proceedings up to and including 22.5.07 on a party party basis and thereafter on an indemnity basis.