JUDGMENTS

Western Australia

Supreme Court of Western Australia, Court of Appeal (Pullin, Buss, Newnes JJA)

Davy -v- Minister Of Health [2009] WASCA 170 (7 October 2009)

This case concerned an appeal against a decision of the District Court, dismissing the appellant (Marlene Joyce Davy) claim in negligence against the respondent, the Minister of Health. Ms Davy argued that employees of the respondent at Sir Charles Gardiner Hospital (SCGH) were negligent in failing to arrange an urgent review by an orthopaedic surgeon of a lump that developed on her knee approximately 18 months after a total knee replacement.

According to Ms Davy, staff at SCGH failed to contact her to arrange a timely appointment, ignoring a request from her general practitioner, Dr Hewett, and her telephoning the hospital on at least ten separate occasions. The appellant became ill on 4 August 2005 and was admitted to SCGH through its emergency department were she received prolonged treatment for a severe and uncontrolled infection in her left knee. Ms Davy subsequently underwent complete knee replacement revision surgery and the fitting of a replacement prosthesis and claimed she suffered pain, injury and permanent disability as a result.

The trial judge dismissed Ms Davy's claim, finding that the respondent's employees had not been informed that Ms Davy's knee needed to be reviewed as a matter of urgency. Ms Davy appealed the matter to the Court of Appeal.

The Court of Appeal dismissed the appeal citing a number of factors, including a general lack of evidence to suggest that it was communicated that the appellant's medical problem required urgent attention, the lack of weight that ought to be accorded to the contents of Dr Hewett's letters due to the fact they contained a number of errors and were not contemporaneous and the discrepancies and inconsistencies in the appellant's evidence caused by the combined effect of health problems, stress and medication.

LEGISLATION

Commonwealth

Therapeutic Goods Amendment (2009 Measures No. 2) Act 2009 No. 96 (COM) was assented to on 29 September 2009

Queensland

Health Practitioner Regulation National Law Bill 2009 - introduced into the Legislative Assembly and received its second reading speech on 6 October 2009.

South Australia

Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Act 2009 No. 43 (SA) was assented to on 1 October 2009

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