Health Alert (Australia) - 3 March 2014


In This Issue:

Judgments; Legislation; and Reports.

Excerpt from Judgments:

Commonwealth -

14 February 2014 - Paul v Cooke [2014] HCATrans 25 -

Three years after Dr Cooke negligently failed to diagnose Ms Paul's intracranial aneurysm, she underwent a "coiling" operation where, through no fault of the surgeons, the aneurysm ruptured and she suffered injury.

There was no physical change in the aneurysm, despite the delay, and, although the preferred procedure had changed, the overall risk of rupture had not. Ms Paul argued she was exposed to risks she would likely not have been otherwise, as she would have undergone a different procedure had the delay not occurred.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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