Fleming v Toltz

The case of Fleming v Toltz involved a dispute between the plaintiff, who sought compensation for alleged professional negligence, and the defendant, a psychiatrist who had provided treatment to the plaintiff. The plaintiff contended that the defendant's treatment had been negligent and had caused the plaintiff's inability to earn income. The case was heard in the Supreme Court of New South Wales.

The court was required to determine whether the defendant's treatment of the plaintiff had been negligent and, if so, whether this negligence had caused the plaintiff's inability to earn income. This involved examining the standard of care expected of a psychiatrist, whether the defendant had breached this standard, and whether the plaintiff's inability to earn income was a direct result of the alleged negligence. The court also had to consider the appropriate measure of damages if the plaintiff's claim was successful.

The court found that the defendant's treatment had indeed been negligent and that this negligence had caused the plaintiff's inability to earn income. The court held that the defendant had failed to provide a standard of care that a reasonable psychiatrist would have provided in the circumstances. The plaintiff's inability to earn income was directly attributable to the defendant's negligence. The court awarded the plaintiff damages for the loss of earning capacity resulting from the negligence.

The court ordered the defendant to pay the plaintiff damages for the loss of earning capacity, as well as costs of the proceedings. The exact amount of damages was to be determined in a subsequent assessment.