Quinn v Scholtz [2014] NSWDC 71

District Court New South Wales

Medium Neutral Citation: Quinn v Scholtz [2014] NSWDC 71 Hearing dates: 2 June 2014, 3 June 2014, 23 June 2014 and 24 June 2014 Decision date: 25 June 2014 Before: Judge M L Williams SC Decision: Verdict for the defendants Legislation Cited: Civil Liability Act (NSW) 2002 Cases Cited: Albrighton v Royal Prince Alfred Hospital & Ors [1980] 2 NSWLR 542 Elliott v Bickerstaff [1999] NSWCA 453 Category: Principal judgment Parties: Donna Quinn (Plaintiff) Dr Jacques Scholtz (Defendant) Murrumbidgee Local Health District (Defendant) Representation: Mr A D Campbell (Plaintiff) Mr S Barnes (Defendants) Gerard Malouf & Partners (Plaintiff) TressCox Lawyers (Defendants) File Number(s): 2011 / 318414

Judgment 1The plaintiff then 43 years of age came under the care of Dr Scholtz, a general practitioner in Cootamundra and a visiting medical officer at Cootamundra Hospital, on 6 July 2011. On 9 July 2011 she underwent an open appendicectomy at Wagga Wagga Base Hospital (Wagga Hospital). Events over that period have led to a claim by the plaintiff against Dr Scholtz and Murrumbidgee Local Health District, the operator of Cootamundra Hospital. 2When the case came on for hearing on 2 June 2014 Counsel indicated that it was proposed to call seven doctors to give expert evidence on issues arising in the case. Fortunately, following further orders, a number of the witnesses were able to participate in a conclave and give concurrent evidence when the matter resumed on 23 June 2014.

Agreed Facts 3The assumptions upon which the expert conclave proceeded have been adopted as agreed facts by both counsel (with three minor exceptions to which I will refer). This helpful and sensible agreement enables me to record those facts as follows.