Gall bladder surgery delay & expert evidence

Fan v South Eastern Sydney Local Health District [2016] NSWCA 64 is a decision today per Basten JA (McColl & Simpson JJA agreeing).

The self represented claimant / appellant alleged breach of the duty of care owed to him through failure to diagnose and treat him for the condition of acute cholecystitis (inflammation of the gallbladder). He maintained that the delay in carrying out a cholecystectomy resulted in him suffering further medical conditions and disabilities.

The claim failed on breach of duty and on causation. Basten JA noted at [25] that the the joint expert report (and the evidence of the experts in conclave) provided no basis for a finding of negligence.


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