Alrifai v ACT [2024] ACTCA 13 (Link to JADE).
At trial, the defendant hospital admitted a failure to exercise reasonable care and skill consisting in the failure of treating clinicians to obtain a surgical opinion at a particular point in time. The appeal court was required to consider whether the primary judge erred in declining to find the admitted breach caused the injuries alleged.
There were two limbs of factual causation – firstly whether the appellant would have undergone surgery earlier, and secondly whether, had the appellant undergone surgery earlier, she would probably have avoided the injuries particularised in the pleadings. The injuries were shortened life expectancy, increased risk of recurrence of the cancer and pain and suffering.
The appeal court did not interfere with the findings of the trial judge so the appeal was dismissed.
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