NSW Caselaw
New South Wales Supreme Court
CITATION : MARKABOUI v. WESTERN SYDNEY AREA HEALTH SERVICE, t/as, WESTMEAD HOSPITAL [2005] NSWSC 649
Monday 11 April to Friday 15 April 2005; HEARING DATE(S) : Monday 18 April to Friday 22 April 2005; Monday 26 April to Tuesday 27 April 2005
JUDGMENT DATE : 12 July 2005
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : A verdict in favour of the plaintiff in the sum of $163,197. The cross-claim is dismissed. Leave granted to the parties to make further submissions in relation to medical, hospital and other expenses, interest and costs.
CATCHWORDS : Plaintiff had pre-existing disabilities - hospitalisation following motor vehicle accident - treatment for blood loss - dosage of opiates given - hydration of the patient - plaintiff developed inhalation pneumonitis - multiple organ failure - admission to intensive care unit - need for plaintiff to have been closely monitored - breach of duty by the hospital - general damages - damages for past care and assistance - damages for future care.
CASES CITED : Tubemakers of Australia Limited v. Fernandez (1976) 50 ALJR 720
Fouadi MARKABOUI v. PARTIES : WESTERN SYDNEY AREA HEALTH SERVICE, t/as, WESTMEAD HOSPITAL
FILE NUMBER(S) : SC No. 20106 of 2003
Plaintiff: P. Menzies, QC./R. Wood/S. Kerrigan COUNSEL : Defendant: D. Davies, SC./G. Gemmell
Plaintiff: Maloufs SOLICITORS : Defendant: Francis Allpress
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HALL, J.
TUESDAY 12 JULY 2005
No. 20106 of 2003
FOUADY MARKABOUI v. WESTERN SYDNEY AREA HEALTH SERVICE t/as WESTMEAD HOSPITAL
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