| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
No. 03078 of 2010
| STEPHEN GRINHAM | Plaintiff |
| v | |
| TABRO MEATS PTY LTD | Defendant |
| and | |
| CATHERINE MURRAY | Third Party |
No. 02409 of 2011
| VICTORIAN WORKCOVER AUTHORITY | Plaintiff |
| v | |
| DR CATHERINE MURRAY | Defendant |
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JUDGE: | J FORREST J | |
WHERE HELD: | Melbourne | |
DATES OF HEARING: | 6, 7, 8, 9, 10, 13, 14 and 15 August 2012 | |
DATE OF JUDGMENT: | 23 October 2012 | |
CASE MAY BE CITED AS: | Grinham v Tabro Meats Pty Ltd & Anor and VWA v Murray | |
MEDIUM NEUTRAL CITATION: | [2012] VSC 491 | Revised 25 October 2012 |
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TORTS – Negligence – Medical Practitioners – Q fever – Standard of care – Provision of adequate advice – Failure to recall or follow up patient – Part X Wrongs Act1958 (Vic) ss 48, 49, 50, 58, 59, 60 – Peer professional opinion defence.
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APPEARANCES: | Counsel | Solicitors |
| For Mr Grinham | Mr J H Mighell SC with Mr I D McDonald | Shine Lawyers |
| For Tabro Meats Pty Ltd | Mr R J Stanley QC with Ms R N Annesley | Minter Ellison |
| For VWA | Mr T J Ryan | Wisewould Mahony |
| For Dr Murray | Mr R H Gillies QC with Mr A D Clements | John W Ball & Sons |
HIS HONOUR:
A. Introduction
This case primarily concerns the legal obligations of a doctor to recall a patient who does not return for further testing or consultation despite being asked to do so.
The plaintiff, Mr Stephen Grinham, sought damages from his former employer, Tabro Meats Pty Ltd,[1] as a result of contracting the Q fever virus whilst working at its Lance Creek abattoir[2] between 2002 and 2006. He settled his claim in the course of the trial.
[1]“Tabro”.
[2]“the abattoir”.
That left Tabro’s third party proceeding against Dr Catherine Murray, Mr Grinham’s general practitioner at the Wonthaggi Medical Clinic[3] in 2002, to be determined. In addition, the Victorian WorkCover Authority[4] instituted proceedings under s 138 of the Accident Compensation Act 1985 (Vic)[5] seeking the recovery of payments of compensation it had made to Mr Grinham from Dr Murray.
[3]“the clinic”.
[4]“VWA”.
[5]“ACA”.
The allegations of negligence made against Dr Murray in the third party proceeding and in the s 138 recovery proceeding are identical.
In 2002, Mr Grinham attended Dr Murray’s clinic for immunisation against the Q fever virus. Vaccination could only be carried out if he tested negative to the virus. Testing demonstrated what was described by the pathologist as a low positive, now recognised as a false positive.
Dr Murray told Mr Grinham that the tests were inconclusive and he could not be vaccinated. She asked him to re-attend the clinic in one month’s time after further testing. Mr Grinham did neither and in 2006 he was struck down by the virus which he must have acquired from exposure earlier that year at the abattoir.
It is alleged by Tabro and VWA that Dr Murray was negligent in her provision of advice as to the seriousness of the…
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- AGLC
- Grinham v Tabro Meats Pty Ltd [2012] VSC 491
- Case
- [2012] VSC 491
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the defendant's actions, or lack thereof, fell below the standard that a reasonably competent medical practitioner would have provided in similar circumstances. This involved assessing the adequacy of the advice given, the decision not to recall the plaintiff for further consultation, and the failure to follow up on the plaintiff's condition. The court also considered whether the defence of peer professional opinion was applicable, as it would allow the defendant to demonstrate that their conduct was in line with what was considered acceptable by their professional peers at the relevant time.
In reaching its decision, the court examined the evidence provided by expert witnesses and considered the statutory provisions under the Wrongs Act 1958 (Vic) relevant to the standard of care and the criteria for determining negligence. The court concluded that the defendant had indeed breached the standard of care owed to the plaintiff by not providing sufficient advice and failing to recall and follow up on the plaintiff's condition. The peer professional opinion defence was not sufficient to absolve the defendant of liability. As a result, the court found in favour of the plaintiff and awarded damages.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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