The High Court recently dismissed the special leave application brought in this case by Ms Paul, seeking to overturn the New South Wales Court of Appeal’s decision rejecting her claim.

As may be known, the case concerned a delay in diagnosis of an intracranial aneurysm suffered by Ms Paul. She underwent a head CT Scan

 In Varipatis v. Almario [2013] NSWCA 76, the New South Wales Court of Appeal reversed the trial judge’s finding in favor of an obese patient alleging negligence on the part of his general practitioner in failing to refer him for weight loss surgery.

The trial decision, which on any assessment was generous to the plaintiff

I note with interest the Court of Appeal’s decision in Nigam v Harm [2011] WASCA 211.

Whilst a case concerning a negligence action against a firm of solicitors, the important aspects of the case predominantly related to medical negligence claims.  

It was alleged the relevant firm of solicitors had been negligent in failing to:

 I have recently read several District Court decisions, in which very firm adverse findings have been made against Plaintiffs.  

These outcomes and recent experiences on the hearing of a couple of appeals, when in my view, understandably, it was clear the Court of Appeal had difficulty appreciating the tone of evidence given at trial, lead

For the 3rd time in so many months, the Court of Appeal has dismissed a Plaintiff’s appeal in relation to a medical negligence claim.  This time in the matter of Le Brun v Joseph + Or [2010]. WASCA 52, delivered on 24 March 2010.

This decision follows on the heels of the Court of Appeal’s decision in McLennan v McCallum [2010] WASCA 45, in which I acted for the Appellant on Appeal [but not at it’s initial trial]. 

In Le Brun, Mr Le Brun, by his mother (because of his disability, he could not bring the claim in his own right), appealed against the decision of District Court Judge McCann, who at the case’s initial trial had found negligence on the part of GP Dr Joseph and Kalgoorlie Hospital, but was not satisfied that such negligence had caused any loss and consequently dismissed the claim.

The case arose from alleged failure on the part of the Defendants, who were a hospital and general practitioners, to further investigate headaches experienced and reported by Mr Le Brun. 

Mr Le Brun’s case was if further investigations had occurred (either CT or consultant specialist review) his undiagnosed brain abnormality, an Arteriovenous Malformation [AVM] would have been identified prior to its rupture, and treatment therefore would/may have avoided the catastrophic disability he suffered following such AVM’s rupture. 


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 The year has not got off to a good start for Plaintiffs in medical negligence claims in our Court of Appeal. In Hammond v Heath [2010] WASCA 6, the Court of Appeal on 19 January 2010 dismissed Mr Hammond’s appeal against the District Court Judge’s finding, rejecting his medical negligence claim against Dr Heath and Dr Heath’s