Special leave refused: Ferguson v Mules

An application for special leave by the doctor in the matter of Ferguson v Mules was today refused by the High Court, sitting in Brisbane.

The application concerned a medical negligence claim focusing on delayed diagnosis and treatment of meningitis. The patient’s claim had failed at trial, but was upheld on appeal as Mules v Ferguson [2015] QCA 5.

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.

The High Court refused leave as the matter did not give rise to a question of principle.

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