Jacqueline Lee Freestone V Murrumbidgee Local Health District [2016] NSWDC 53

District Court New South Wales

Medium Neutral Citation: Jacqueline Lee Freestone V Murrumbidgee Local Health District [2016] NSWDC 53 Hearing dates: 27, 28 May 2015, 2 June 2015 (Delaney ADCJ), 16,17,18 December 2015, 28, 29 January, 2 February 2016 (Sidis ADCJ) Date of orders: 20 April 2016 Decision date: 20 April 2016 Jurisdiction: Civil Before: Delaney ADCJ, Sidis ADCJ Decision: 1. Verdict and judgment for the plaintiff in the sum of $609,939.50. 2. The defendant is to pay the plaintiff's costs of the proceedings. This order is suspended for seven days to allow the parties to be heard on the issue of costs. 3. The exhibits will be retained for 28 days. 4. My reasons are published. Catchwords: PERSONAL INJURY: medical negligence; failure of radiologist to report incidental finding; peer professional practice; competing expert opinions; causation and physical injury; causation and psychiatric injury; assessment. Legislation Cited: Civil Liability Act 2002 (NSW) Cases Cited: Chappel v Hart [1998] HCA 55; 195 CLR 232; Dobler v Halvorsen & Ors [2007] NSWCA 335; Seltsam Pty Ltd v McGuinness [2000] NSWCA 29, 49 NSWLR 262; State of NSW v Allen [2000] NSWCA 141; Waller v James [2015] NSWCA 232 Texts Cited: National Wilm's Tumour study Group (USA) Incidence and growth pattern of simple cysts of the kidney in patients with asymptomatic microscopic hematuria: Department of Urology; School of Medicine; Tokyo Electrical Power Hospital; Tokyo, Japan Category: Principal judgment Parties: Jacqueline Lee Freestone (Plaintiff) Murrumbidgee Local Council (Defendant) Representation: Counsel: D Campbell SC with S Longhurst (Plaintiff) K Burke (Defendant)