Hobson v Northern Sydney Local Health District [2017] NSWSC 589

Supreme Court New South Wales

Medium Neutral Citation: Hobson v Northern Sydney Local Health District [2017] NSWSC 589 Hearing dates: 7–11, 14–17, 21–22 November 2016 Date of orders: 17 May 2017 Decision date: 17 May 2017 Jurisdiction: Common Law Before: Harrison J Decision: Judgment for the plaintiff against the second and fourth defendants for $3,828,075 plus costs. Catchwords: NEGLIGENCE – medical negligence – where plaintiff with Noonan Syndrome rendered paraplegic in surgery to correct spinal deformity and associated respiratory difficulties – where plaintiff's intraoperative condition deteriorated significantly – where operation halted but not before the plaintiff suffered a spinal stroke that led to paraplegia – whether operation should have been abandoned before this occurred – whether reasonable to continue with operation having regard to plaintiff's pre-operative condition – whether operation should have been abandoned when spinal monitoring became ineffective following administration of vecuronium to assist ventilation Legislation Cited: Civil Liability Act 2002 Cases Cited: Dobler v Halverson (2007) 70 NSWLR 151; [2007] NSWCA 335 Paul v Cooke [2013] NSWCA 311 Sydney South West Area Health Service v MD (2009) 260 ALR 702; [2009] NSWCA 343 Category: Principal judgment Parties: Brendan Hobson (Plaintiff) Northern Sydney Local Health District (First Defendant) Dr Randolph Gray (Second Defendant) Dr Jim Lagopoulos (Third Defendant) Dr Christopher Sparks (Fourth Defendant) Representation: Counsel: P Menzies QC with R de Meyrick (Plaintiff) M K Scott (First Defendant) S A Woods with T Hackett (Second Defendant) M J Walsh SC (Third Defendant) K Burke (Fourth Defendant)