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

 Judge Davis of the District Court rejected Ms Lentzner’s medical negligence claim against general surgeon, Max Baumwol, delivering her decision on 6 November 2009.

Ms Lentzner’s claim alleged that Mr Baumwol was negligent in the manner in which he sought to perform repair of bilateral inguinal hernias in 2003.  For an explanation of surgery (albeit