Dobler v Halverson

The appeal concerned a claim for medical negligence brought by the appellant, Ms Dobler, against the respondent, Dr Halverson. Ms Dobler alleged that Dr Halverson, her general practitioner, had breached his duty of care by failing to refer her for an electrocardiogram (ECG) following a series of loss of consciousness events. She contended that had an ECG been performed, it would have revealed a cardiac condition from which she later suffered a cardiac arrest. The appeal was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in finding that Dr Halverson was not in breach of his duty of care, and whether the trial judge had erred in finding that an ECG would not have revealed the condition that led to Ms Dobler's cardiac arrest. The Court was also required to consider the operation of section 50 of the *Civil Liability Act 2002* (NSW) and to review the trial judge's findings of fact, particularly in relation to the expert evidence presented.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's findings of fact. The judges were satisfied that the trial judge had correctly assessed the expert evidence and had made appropriate findings regarding the standard of care expected of a general practitioner in the circumstances. Furthermore, the Court found that the trial judge had correctly concluded that, even if an ECG had been performed, it would not have revealed the underlying cardiac condition that ultimately caused Ms Dobler's cardiac arrest. Consequently, the Court held that the provisions of section 50 of the *Civil Liability Act 2002* (NSW) did not assist the appellant.

The appeal was dismissed with costs.