Symons v Dodds [2009] NSWDC 333

New South Wales District Court

CITATION: Symons v Dodds [2009] NSWDC 333

HEARING DATE(S): 30-31 March 2009, 1-3 April 2009, 18-22 May 2009

JUDGMENT DATE: 10 December 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1 Verdict for the defendants. 2 The plaintiff is to pay the defendants costs of the proceedings. This order is suspended for seven days to allow the parties to list the matter for further argument if required. DECISION: 3 The exhibits will be retained for 28 days. 4 My reasons are published. 5 The matter is listed for a costs argument on 14 December 2009 at 10:00am

CATCHWORDS: Medical Negligence - Whether negligent misdiagnosis - Whether treatment unnecessary - Nature and extent of injury - Credit - Assessment of damages

Carolyn Symons (Plaintiff) PARTIES: Dr Anthony Dodds (First Defendant) South Eastern Sydney and Illawarra Area Health Service (Second Defendant)

FILE NUMBER(S): 227/07

COUNSEL: D H Hirsch (For the Plaintiff) G Gregg (For the First and Second Defendants)

SOLICITORS: Emery Partners (For the Plaintiff) General Insurance Law Department (For the First and Second Defendant)

JUDGMENT

1 Cary Symons was treated with chemotherapy by the first defendant, Dr Anthony Dodds, a specialist haematologist. He then referred the plaintiff for radiotherapy. The chemotherapy prescribed by the first defendant was administered by nursing staff of St Vincent's Hospital, the second defendant. The plaintiff claimed that both defendants were negligent in the treatment they provided. She claimed that the first defendant misdiagnosed her condition as a result of which she received chemotherapy and radiotherapy that was unnecessary. She claimed that the first defendant and the second defendant's nursing staff failed to inform her of the steps to be taken to prevent or minimise the side effects of the type of chemotherapy prescribed. She claimed that as a consequence of their negligence she suffered serious and debilitating physical and psychological consequences.