Tinnock v Murrumbidgee Local Health District (No 6)

[2017] NSWSC 1003

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Tort
2. › medical negligence
3. › personal injury
4. › incisional hernia repair
5. › severe post-operative infection associated with surgical mesh
6. › primary case in battery
7. › alternative case in negligence
8. › judgment for plaintiff in negligence
1. Intentional Torts
2. › battery
3. › whether consent to surgical operation
4. › plaintiff argues no consent to registrar operating
5. › onus of proof considered
6. › White v Johnson considered
7. › Dean v Phung applied
8. › held any mistake as to identity of surgeon did not alter nature and character of act
9. › held that competence of surgeon relevant to negligence not battery
10. › held that act not intentional act done with intent to cause injury for the purposes of s 3B Civil Liability Act
1. Negligence
2. › medical negligence - whether reasonable care required use of “negative pressure surgical drains”
3. › whether infection ought to have been diagnosed upon plaintiff’s re-presentation to hospital
4. › held breach of duty of care owed to plaintiff
5. › held breach of defendant causative of damage