NSW Caselaw
New South Wales Supreme Court
CITATION : KT v PLG & Anor [2006] NSWSC 919
HEARING DATE(S) : 27 - 28 February, 1 - 3 March 2006
JUDGMENT DATE : 8 September 2006
JUDGMENT OF : Simpson J
DECISION : Verdict for the plaintiff against both defendants; parties to formulate orders resulting from findings.
CATCHWORDS : professional negligence - claim for damages - personal injury - claims in tort and in contract - surgical termination of pregnancy - extensive pelvic damage - incorrect assessment of duration of pregnancy - failure properly to examine patient - undue reliance on plaintiff's information - failure to discharge duty of care - causation - relationship of third defendant (medical facility) to first defendant (medical practitioner) - vicarious liability established - no contributory negligence on part of plaintiff - damages - psychiatric and psychological sequelae of surgery - major depressive disorder - video surveillance evidence - interpretation of video surveillance evidence - non-economic loss - past out of pocket expenses - future out of pocket expenses - past voluntary care - future commercially sourced care - loss of earning to date - loss of past superannuation contributions - future economic loss - loss of future employers' superannuation contributions
LEGISLATION CITED : Civil Liability Act 2002, Part 1A, s5A, s5D, s5O, Part 2, s13, s15, s16, s32
CASES CITED : Albrighton v Royal Prince Alfred Hospital (1980) 2 NSWLR 542 Ellis v Wallsend District Hospital (1989) 17 NSWLR 553
KT - Plaintiff PARTIES : PLG - 1st Defendant Ardlog Pty Ltd t/as Australian Birth Control Services - 3rd Defendant
FILE NUMBER(S) : SC 20325/04
COUNSEL : GR Graham - Plaintiff JB Turnbull - Defendants
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