Diabetes, acute cholecystitis, fall & discharge advice

Wei Fan v South Eastern Sydney Local Health District (No 2) [2015] NSWSC 1235 is a difficult matter to summarise. The claimant was in effect self represented, though assisted by his law student son.

Fifteen separate breaches of duty of care were alleged (see [14]) as follows:

  • Failing to investigate, diagnose and manage type 2 diabetes mellitus (“type 2 diabetes”), with no follow up after initial tests were undertaken;
  • Failing to properly diagnose and manage the plaintiff’s gallbladder condition, by:
  • Failing to diagnose the condition as cholecystitis and treat it accordingly; and
  • Delaying a cholecystectomy (at various points in time) and not performing an ERCP first;
  • Wrongly allowing the plaintiff to fall from his hospital bed;
  • Wrongly discharging the plaintiff from St George hospital when he was not fit to be discharged; and
  • Failing to give the plaintiff information about treatments and the costs involved (considering his Medicare status).

The claims failed on breach and on causation, such that judgment was entered for the defendant.

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