Adequacy of colonoscopy & progression of cancer

O’Reilly v Western Sussex NHS Trust (No 6) [2014] NSWSC 1824 was a claim heard in New South Wales but which required consideration of the Fatal Accidents Act 1976 (UK) and other aspects of UK law.

The lengthy judgment addresses a range of issues, leading to a finding of breach of duty in respect of a colonoscopy ([263]) and a finding of causation in respect of a tumour which was later found to have caused an obstructed bowel ([398] – [400]).

There was a verdict for the plaintiff in respect of the dependency claim but not for mental harm.

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