Listed for hearing today is the special leave application by the doctor in the matter of Ferguson v Mules, a medical negligence claim focusing on delayed diagnosis and treatment of meningitis. (High Court, Brisbane registry).

The patient’s claim had failed at trial, but was upheld on appeal as Mules v Ferguson [2015] QCA 5. The focus of the Court of Appeal was primarily on the evidence relevant to causation flowing from the asserted delay.

The Court of Appeal had discussed 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.

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