Chemotherapy dosing: Media injunction refused

Grygiel v Australian Broadcasting Corporation [2016] NSWSC 140 saw an unsuccessful application to restrain a further media story (said to be defamatory) in relation to chemotherapy dosing at St Vincent’s Hospital in Sydney. The further story was primarily directed at the hospital for apparently not contacting patients involved.

The interlocutory judgment is of interest for the further information it contains about the incident.  At [7] the court noted:

Professor Grygiel steadfastly and staunchly maintains that he has not mal-administered any cancer treatment as alleged. He accepts that there are guidelines and, indeed a protocol, in relation to the treatment but he says that guidelines are just that and that decisions about the actual therapeutic dosage to be administered to a given patient depends upon clinical expertise, judgement and experience. He maintains that in every case, using his judgement and experience, he administered the appropriate dose for the disease the patient was suffering from. He also vehemently denies that he has been disciplined, that he has been the subject of any investigation and that his right to practice as a legally qualified medical practitioner has in any way been restricted.


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