Goran Petrovic v Dr Anthony Johnson

The plaintiff, Goran Petrovic, sought damages from the defendant, Dr Anthony Johnson, a medical practitioner, for alleged medical negligence. The dispute centred around a referral for surgery after the plaintiff presented symptoms indicative of lung cancer. The case was heard in the Supreme Court of New South Wales. The plaintiff contended that the defendant failed to appropriately investigate his condition, resulting in a delay in diagnosis and treatment of lung cancer. The defendant argued that he acted within the standard of care expected of a medical practitioner and that any delay in diagnosis was not due to negligence.

The court was required to determine whether the defendant breached the duty of care owed to the plaintiff and if such a breach resulted in damages. This involved examining the standard of care expected of a medical practitioner in similar circumstances, as well as the causal link between the alleged breach and the plaintiff's injuries. The court also considered the impact of sections 5B, 5D, and 5O of the Civil Liability Act 2012 on the assessment of negligence and damages.

The court found that the defendant did not breach the standard of care owed to the plaintiff. The evidence demonstrated that the defendant had acted appropriately in requesting further investigation and making a referral for surgery. The plaintiff's condition was complex, and the delay in diagnosis was not attributable to the defendant's actions. The court emphasised the importance of considering all factors, including the differential diagnosis and the steps taken by the defendant. Consequently, the court dismissed the plaintiff's claim and ordered that the defendant was to be awarded costs.