Rothonis v Lattimore [2016] NSWSC 1409

Supreme Court New South Wales

Medium Neutral Citation: Rothonis v Lattimore [2016] NSWSC 1409 Hearing dates: 20 – 29 June 2016, 8 August 2016 Date of orders: 05 October 2016 Decision date: 05 October 2016 Jurisdiction: Common Law Before: Fagan J Decision: 1. Judgment for the defendant. 2. Order that the plaintiff pay the defendant's costs of the proceedings. Catchwords: CIVIL LAW – professional negligence – medical – patient suffered neurological symptoms – whether cardiologist breached duty of care by failing adequately to investigate patient's heart – requirements of reasonable care and skill in the circumstances – whether a cerebral vascular event had occurred – whether cardiologist would have advised treatment if patent foramen ovale had been identified in the heart – distinction between primary prevention and secondary prevention of stroke

DAMAGES – assessment of physical and cognitive disabilities – non-economic loss – 70% of most extreme case – out-of-pocket expenses – domestic assistance – aids and equipment – life expectancy Legislation Cited: Civil Liability Act 2002 (NSW) Cases Cited: Adeels Palace Pty Ltd v Moubarak (2009) 239 CLR 420; [2009] HCA 48 Dobler v Kenneth Halverson; Dobler v Kurt Halverson (by his tutor) (2007) 70 NSWLR 151; [2007] NSWCA 335 Grills v Leighton Contractors Pty Limited [2015] NSWCA 72 Roads and Traffic Authority of New South Wales v Dederer (2007) 234 CLR 330; [2007] HCA 42 Rogers v Whitaker (1992) 175 CLR 479; [2007] HCA 58 Tabet v Gett (2010) 240 CLR 537; [2010] HCA 12 Wyong Shire Council v Shirt (1980) 146 CLR 40; [1980] HCA 12 Category: Principal judgment Parties: Anastasia Rothonis (Plaintiff) Dr Jo-Dee Lattimore (Defendant) Representation: Counsel: Mr Michael Burnell Williams SC/Mr Richard O'Keefe/Mr Paul Stockley (Plaintiff) Mr Richard Weinstein SC/Ms Katherine Richardson/Mr Tim Hackett