Makaroff v Nepean Blue Mountains Local Health District

[2021] NSWCA 107

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Medical negligence
3. › Breach of duty
4. › Hospital's duty to advise patient of urgency and essentiality of specialist review
5. › Whether failure to convey urgency of orthopaedic review constituted breach
6. › Civil Liability Act 2002 (NSW), ss 5O, 5P
1. Negligence
2. › Medical negligence
3. › Peer professional opinion defence
4. › Whether hospital acted in manner widely accepted as competent professional practice
5. › Whether s 5P excludes application of s 5O where liability arises from failure to give warning or advice
6. › Civil Liability Act 2002 (NSW), ss 5O, 5P
1. Negligence
2. › Medical negligence
3. › Causation
4. › Factual causation
5. › Whether appellant would have consulted orthopaedic surgeon and undergone surgery but for breach
6. › Whether surgery would have been available within relevant timeframe
7. › Civil Liability Act 2002 (NSW), s 5D
1. Negligence
2. › Medical negligence
3. › General practitioner
4. › Standard of care
5. › Whether GP's advice to consult orthopaedic specialist was sufficient discharge of duty
6. › Civil Liability Act 2002 (NSW), s 5O

Quick Take

Hospitals advising patients to see a specialist must convey not only the need but also the urgency and essentiality of the consultation to discharge the duty of care, particularly where delay may render an injury inoperable.