In this case, the ACT Supreme Court assessed damages in negligence for psychological harm, making an allowance for the unfulfilled career aspirations of the plaintiff to requalify as a GP in Australia.
The District Court of Western Australia held that a hospital was negligent in failing to diagnose and treat sepsis in a paediatric burns patient because the act or omission of the treating doctors materially increased the risk of injury to the plaintiff.
In this case the Supreme Court of New South Wales held that a hospital was not liable in negligence for the partial amputation of a child’s thumb because the course of treatment embarked on by the hospital was consistent with the peer professional opinion of the day.
In this case it was held that a hospital had breached its duty of care by failing to carry out procedures to prevent a psychotic patient, who outwardly appeared compliant, from committing an act of self harm.
The ACT Supreme Court held that a public hospital was liable in negligence for knowingly admitting a dangerous patient to a shared ward and exposing another patient to harm.
The District Court of Western Australia has held that a defence of peer professional practice will not be sufficient in cases of delayed diagnosis and treatment where there is not a well-reasoned explanation for the delay based upon best practice and substantial evidence.
The New South Wales Court of Appeal found that a doctor was not negligent in misdiagnosing a malignant melanoma as a wart, in circumstances where the appearance of the apparent wart did not indicate the need for a differential diagnosis.
To what extent does a health service provider owe a duty of care to (third party) relatives of a patient who may be predisposed to a genetic condition? This is the question raised by ABC against the St George’s Healthcare NHS Trust, the South West London and St George’s Mental Health NHS Trust and the Sussex Partnership NHS Foundation Trust.
In this case, the High Court granted special leave to appeal from the decision in DC v State of New South Wales  NSWCA 198 (summarised in the November 2016 edition of the Case Law Update), in which the State of New South Wales (the State) was held liable for the failure of the Department of Youth and Community Services (the Department) to prevent the continuing sexual abuse of two children who were the subject of child protection proceedings in the 1970s and 1980s.