Melanoma diagnosis delay claim

Coote v Kelly [2016] NSWSC 1447 saw claim alleging delayed diagnosis of a melanoma on the sole of the foot, which may have had the appearance of a plantar wart. A verdict was entered for the defendant, on the basis that there was no breach of duty and also as the defendant acted in accordance with peer opinion as to competent medical practice.

The judgment includes discussion of:

  • The relevance of inadequate note taking: [124]
  • The importance of contemporaneous objective evidence: [100] – [102]
  • Causation, which was not proven: [137].


NOTE: The claimant did not succeed on the second appeal – see Coote v Kelly [2017] NSWCA 192.