CIVIL - Medical negligence - Duty of Care - Foetal plaintiff when breach of duty occurred - Hospital owed duty of care to plaintiff which became enlivened upon her birth
CIVIL - Medical negligence - Breach of Duty - Whether defence under s 5O Civil Liability Act - Onus on defendant - Whether deferral of immunoglobulin injection pending serology results widely accepted by peer professional opinion as competent professional practice - Relevant exposure to chickenpox within 96 hour window for immunoglobulin treatment - Expert evidence that deferral of treatment only acceptable when serology results available within six hours - Defence not made out
EVIDENCE - Medical Negligence - Contemporaneous hospital and medical records more reliable and accurate source upon which to rely when making findings of fact - Honest and truthful witnesses - Frailty of human recollection over time when partisan interest in an outcome
EVIDENCE - Medical negligence - Unchallenged evidence plaintiff's mother would have accepted immunoglobulin treatment - Evidence not illogical or inherently improbable - Evidence accepted
Case Details
Citation[2011] NSWSC 1025
CourtNSWSC
JurisdictionNew South Wales
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