Spasovic v Sydney Adventist Hospital [2003] NSWSC 791

New South Wales Supreme Court

CITATION : Spasovic v Sydney Adventist Hospital [2003] NSWSC 791 HEARING DATE(S) : 03/03/03-07/03/03,10/03/03-14/03/03,17/03/03-21/03/03,24/03/03-25/03/03,27/03/03,28/03/03,31/03/03,01/04/03-04/04/03,07/04/03-09/04/03 JUDGMENT DATE : 12 September 2003

JUDGMENT OF : James J at 1 DECISION : Verdicts for the Defendants

CATCHWORDS : Medical Negligence PARTIES : Rajko Spasovic and Kosovka Spasovic v Sydney Adventist Hospital & Ors FILE NUMBER(S) : SC 20408/97 B Donovan QC/E Pike - Plaintiffs COUNSEL : M Bozic SC - 1 Defendant D Higgs SC/L Boyd 2 & 3 Defendants T. Stern - Plaintiffs SOLICITORS : Ebsworth & Ebsworth - 1 Defendant Blake Dawson Waldron 2 & 3 Defendants

SPASOVIC v SYDNEY ADVENTIST HOSPITAL 20408/97

INDEX TO JUDGMENT

HEADING TO PART OF JUDGMENT PAGE

Introduction 1-2 Outline of Non-Controversial or Clearly Established Facts 3-7 Nature of the First Plaintiff's Claim 7-12 The Defence Cases 12-14 Outline of the Evidence 14-18 Were the Defendants Negligent 18-190 Evidence 19-93 The Hospital's Medical Records 19-27 Evidence of the Plaintiffs, their Son Aleksandar and their Relatives and Friends 27-53 Evidence of the Hospital's Nurses 53-69 Evidence of Dr Cutter and Dr Brooks 70-93 Assessment of the Evidence 93-114 The Hospital's Medical Records 93-95 Evidence of the Plaintiffs, their Son, their Relatives and Friends 95-103 Evidence of the Hospital's Nurses 103-105 Evidence of Dr Cutter and Dr Brooks 105-114 Conclusion 114-116 Expert Evidence 116-180 Dorsch 117-132 Brew 132-142 Lance 142-156 Vinen 156-163 Thomson 163-166 Besser 166-169 Terenty 169-174 Morgan 174-178 The Expert Witnesses Generally 178-179 Determination of Whether the Defendants were Negligent 179-190 The Hospital 179-180 Dr Cutter 180-186 Dr Brooks 186-190 Conclusions 190 Did the Plaintiff have an AVM, was there a Sentinel Bleed from the AVM and was the Plaintiff's headache in the Hospital caused by the Sentinel Bleed 191-196 If a CT scan without contrast had been carried out, would it have shown the Sentinel Bleed 196-197 If the Sentinel Bleed had been discovered would the Plaintiff have been advised that he had had a cerebral haemorrhage and that he should remain at the Hospital 197 If the Plaintiff had been advised to remain at the Hospital would he have taken this advice and not have left the Hospital on the morning of Saturday 20 January 1996 197 If the Plaintiff had remained at the Hospital, would he have been kept under close observation, would any deterioration in his condition have been quickly noticed and would he have been operated on for the removal of the major haematoma, earlier than he was, by about 4 or 5 hours 197-247 Evidence 198-239 Dorsch 198-216 Brew 216-220 Lance 220-221 Besser 221 Terenty 221-229 Morgan 229-239 Determination 239-247 Step 8 239-242 Step 9 242-247 Damages 247-255 Proceedings by the Second Plaintiff 255-259