Peters v Layani [2013] NSWSC 695

Supreme Court New South Wales

Medium Neutral Citation: Peters v Layani [2013] NSWSC 695 Hearing dates: 19 & 20 February 2013 Decision date: 18 July 2013 Jurisdiction: Common Law Before: Davies J Decision: (1) Judgment for the Plaintiff in the sum of $1,105, 705; (2) The Defendant is to pay the Plaintiff's costs. Catchwords: DAMAGES - medical negligence - operation to repair hernia - negligence resulting in irreparable injuries and disabilities - operation performed in Queensland - damages assessed under Civil Liability Act 2003 (Qld) Legislation Cited: Civil Liability Act 2002 (NSW) Civil Liability Act 2003 (Qld) Civil Liability Regulation 2003 (Qld) Workers Compensation Act 1987 Category: Principal judgment Parties: Aaron Mark Peters (Plaintiff) Dr Laurent Layani (Defendant) Representation: Counsel: D R Toomey (Plaintiff) No appearance (Defendant) Solicitors: Russell McLelland Brown Lawyers (Plaintiff) No appearance (Defendant) File Number(s): 2011/372931

Judgment 1The Plaintiff was referred by his general practitioner to the Defendant in respect of a right inguinal hernia. The Defendant arranged for the Plaintiff to be booked into the John Flynn Gold Coast Private Hospital where on 11 August 2003 the Defendant conducted a laparoscopic right inguinal hernia repair. 2During the surgery the Defendant stapled internal mesh laparoscopically around the ilioinguinal and genitofemoral nerves causing entrapment of such nerves. The result of that has been extreme pain and associated problems including paraesthesia in the area of the right thigh, the right groin and the lower abdominal area as well as restriction of movement in the right leg. Those injuries have led to associated disabilities including psychological injuries. 3The Plaintiff commenced proceedings against the Defendant on 7 November 2011. The Defendant has never filed a defence in the proceedings. On 6 September 2012 the Plaintiff obtained default judgment against the Defendant with damages to be assessed. The assessment of those damages came before me in the Duty Judge List. There was no appearance for the Defendant and the hearing proceeded on an assessment on an undefended basis of the Plaintiff's damages.