The patient had succeeded in his claim at trial before McCann DCJ (Westcott v Minister for Health  WADC 122), but that outcome was overturned on appeal.
The Court of Appeal:
- Overturned a finding of breach of duty as the radiology reporting regarding the appendix;
- Overturned a causation finding as to what the general surgeon would have done, if provided with a different CT imaging report;
- Overturned a breach finding in relation to a decision as to surgery; and
- Overturned (obiter) a causation finding as to whether the patient’s complications including pain, incisional hernias and wound infection, were caused by the delay in surgical treatment.