Peden v Ferguson [2012] NSWSC 492

Supreme Court New South Wales

Medium Neutral Citation: Peden v Ferguson [2012] NSWSC 492 Hearing dates: 8 and 9 May 2012 Decision date: 15 May 2012 Jurisdiction: Common Law Before: Adamson J Decision: (1) Judgment for the defendant. (2) Order the plaintiff to pay the defendant's costs of the proceedings. Catchwords: TORT - negligence - professional negligence - failure to diagnose Cases Cited: - Albrighton v Royal Prince Alfred Hospital [1980] 2 NSWLR 542 - Connor v Blacktown District Hospital [1971] NSWLR 713 - Watson v Foxman (1995) 49 NSWLR 315 - Onassis v Vergottis [1968] 2 Lloyds Rep 403 Category: Principal judgment Parties: James Peden (Plaintiff) Dr Michael Ferguson (Defendant) Representation: Counsel: AP Cheshire (Plaintiff) K Burke (Defendant) Solicitors: Stacks/Goudkamp (Plaintiff) TressCox Lawyers (Defendant) File Number(s): 2011/203325

Judgment

Introduction 1James Peden claims damages in negligence against Dr Michael Ferguson, a general practitioner, for failing to take appropriate action following a consultation on 18 September 2007 which would have led to an earlier diagnosis of sacral chordoma, a terminal cancer which is likely to bring his life to an early end. 2Sacral chordoma is a very rare form of malignant bone tumour, which occurs in the sacrum. Chordomas are slow-growing tumours which often present late with symptoms of pressure on adjacent structures. 3The plaintiff consulted the defendant as his general practitioner from 1988. The plaintiff also consulted other medical practitioners, including Dr Hashmi, Dr Mohammadi, Dr Ishola, Dr Roy, Dr Acland and Dr Alarape, who were general practitioners and Dr Fowler, a physician.