El Khoury v Lee [2003] NSWLC 10

Local Court of New South Wales

CITATION: El Khoury v Lee [2003] NSWLC 10 JURISDICTION: Civil PARTIES: Maroun El Khoury (Plaintiff) John Lee (Defendant) FILE NUMBER: 567/01 PLACE OF HEARING: Downing Centre Local Court Sydney DATE OF DECISION: 04/06/2003 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Negligence - Evidence - Medical Negligence - Civil LEGISLATION CITED: Evidence Act 1995 Bolam v Friem Hospital Management Committee (1957) 1 WLR 582 Naxakis v Western Suburbs General Hospital (1999) HCA 22 (13/5/99) CASES CITED: Rogers v Whitaker (1992) 175 CLR 479 Rooty Hill Medical Centre Pty Ltd v Gunther (2002) NSWCA 60 Sidaway v Governors of Bethlehem Royal Hospital (1985) AC 871 REPRESENTATION: Mr Baskerville for the Plaintiff Mr Downing for the Defendant ORDERS: Verdict for the Plaintiff in the sum of $18,000 and judgment accordingly. Interest is to be calculated by the Registrar pursuant to s.39A of the Local Court (Civil Claims) Act from 29 March 1998. Costs will follow the event in an amount to agreed within 28 days or assessed.

Reasons for Decision 1 The plaintiff, Mr Maroun El Khoury, brings this claim against Dr John Lee alleging negligence by Dr Lee in failing properly to diagnose and treat a football injury suffered by the plaintiff and in failing to refer the plaintiff for urgent treatment by a specialist hand surgeon immediately after the consultation in which Dr Lee examined Mr Khoury. 2 As a result of the alleged negligence, Mr Khoury claims that he suffered damage to the fifth finger on his left hand which is now, for all practical purposes, irreparable. As a consequence he claims to have lost a promising career as a rugby league player and to have suffered loss of income and out-of-pocket expenses.