King v Western Sydney Local Health Network

In King v Western Sydney Local Health Network, the plaintiff, King, sued the Western Sydney Local Health Network for medical negligence. The case involved a dispute over whether the hospital owed a duty of care to King, which was activated when she was born. King was born with congenital varicella syndrome (CVS), a condition that the plaintiff's mother contracted during pregnancy. The crux of the case was whether the hospital breached its duty of care by not administering immunoglobulin to the plaintiff's mother.

The primary legal issues were whether the hospital owed a duty of care to King and, if so, whether this duty was breached. Additionally, the court had to determine if the hospital's defence under the Civil Liability Act was valid and whether, if immunoglobulin had been administered, it would have prevented the plaintiff's mother from contracting varicella. The court examined whether the hospital's decision to defer immunoglobulin treatment pending serology results was widely accepted as competent professional practice.

The court found that the hospital owed a duty of care to King, which was activated upon her birth. It was determined that the hospital breached this duty by failing to administer immunoglobulin to the plaintiff's mother. The court held that the risk of the plaintiff being born with CVS was foreseeable and significant, and the hospital should have taken precautions. The expert evidence indicated that the mother should have been informed about the availability and benefits of immunoglobulin and administered the treatment, as there was no significant risk of serious adverse effects. The hospital did not meet the requisite standard of care. The court also concluded that the hospital's defence under the Civil Liability Act was not valid, as the deferral of immunoglobulin treatment was not widely accepted as competent practice. Finally, the court found that, even if immunoglobulin had been administered, there was insufficient evidence to prove that it would have been effective in preventing the plaintiff's mother from contracting varicella and developing CVS.

The court ordered the Western Sydney Local Health Network to pay damages to King for the harm suffered due to the breach of duty of care.