Diaz v South Eastern Sydney Local Health District [2018] NSWSC 772

Supreme Court New South Wales

Medium Neutral Citation: Diaz v South Eastern Sydney Local Health District [2018] NSWSC 772 Hearing dates: 24 May 2018 Date of orders: 24 May 2018 Decision date: 24 May 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) The first defendant's Notice of Motion of 27 April 2018 is dismissed.

By and with the consent of the parties:

(2) Costs of the parties are costs in the cause.

(3) Direct the plaintiff to file a Further Amended Statement of Claim in accordance with these reasons by 22 June 2018.

(4) Direct the plaintiff to serve any further opinion Professor O'Connor wishes to rely upon by 22 June 2018.

(5) List for directions before the Registrar at 9:00 am on 4 July 2018. Catchwords: NEGLIGENCE – application for summary dismissal - removal of contraceptive implant from arm - vicarious liability - visiting staff specialist at public hospital referred patient to himself in a private capacity - avoided delay - difficult operation - resulted in median nerve injury - dismiss application - issue whether specialist was an expert in removal of device when deeply embedded in arm - plaintiff's cause of action not sufficiently pleaded - plaintiff's case not completely untenable Legislation Cited: Nil Cases Cited: Chappel v Hart (1998) 195 CLR 232; [1998] HCA 55; Wickstead v Browne (1992) 30 NSWLR 1 Texts Cited: Nil Category: Procedural and other rulings Parties: Pia Dominique Diaz Baeza (Plaintiff) South Eastern Sydney Local Health District (Defendant) Representation: Counsel: M Gerace (Plaintiff) S Kettle (Defendant)