Meningitis: Delayed diagnosis & treatment claim

Today the Queensland Court of Appeal published its judgment in Mules v Ferguson [2015] QCA 5.

The patient’s claim had failed at trial, but was upheld on appeal. The focus of the Court was primarily on the evidence relevant to causation flowing from the asserted delay.

The court discussed at [76]ff  and elsewhere the ‘peer opinion’ defence, holding that the evidence did not establish that the defendant acted in a way that at the time was widely accepted by a significant number of respected practitioners.

Damages had been assessed at $6.7 million.

[With thanks to Ms Olamide Kowalik for noting this decision.]

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