NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Gillett v Robinson [2011] NSWSC 1143 Hearing dates: 1,2,3 and 5 August 2011 Decision date: 26 September 2011 Jurisdiction: Common Law Before: Harrison J Decision: Verdict for the defendant. Catchwords: PROFESSIONAL NEGLIGENCE - medical negligence - plaintiff injured during obstructed delivery - shoulder dystocia causing Erb's palsy - whether obstetrician negligently failed to perform caesarean section - whether caesarean section should have been performed when requested by mother - whether caesarean section indicated by mother's particular obstetric history - whether vaginal delivery appropriate - whether breach of duty - no breach of duty - verdict for the defendant EVIDENCE - experts - joint report - whether admissible Legislation Cited: Civil Liability Act 2005 Cases Cited: Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (No 6) (1996) 64 FCR 79 Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 Forge v ASIC [2004] NSWCA 448; (2004) 213 ALR 574 Gillett v Robinson [2011] NSWSC 863 Harriton v Stephens [2006] HCA 15; (2006) 226 CLR 52 Category: Principal judgment Parties: Halina Jain Gillett (Plaintiff) Professor Jeffrey Robinson (Defendant) Representation: Counsel: J Kirk (Defendant) Solicitors: Thomas Mitchell Solicitors (Plaintiff) Blake Dawson (Defendant) File Number(s): 2006/267258 Publication restriction: None
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