› where plaintiff a young person whose condition is by nature changeable
› plaintiff underwent voluntary testing to determine whether she was a candidate for surgical intervention
› test involved allowed seizure to occur in order to measure and record it
› existence of duty of care accepted
› breach of that duty of care admitted by Hospital by allowing seizure to continue for extended period of time
Tort
› medical negligence
› causation
› circumstantial case
› whether plaintiff’s condition worsened following breach
› where plaintiff’s condition debilitating prior to breach
› where no definitive medical knowledge exists to measure any damage sustained or change in severity or not of condition
Tort
› medical negligence
› damages
› where condition of plaintiff poor prior to breach
› where manner in which breach argued to have worsened her condition similar to how her condition would otherwise present if its natural progression as a disease was to worsen
› evidence of worsening of condition prior to breach
› whether plaintiff worse off because of breach
Private International Law
› federal diversity jurisdiction
› choice of law
› torts
› where action brought in New South Wales for alleged tort which occurred in Queensland
› where the lex loci delicti is the law of Queensland
› Civil Liability Act 2003 (Qld) applies
› no question of principle
Case Details
Citation[2016] NSWSC 1559
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
