Lentzner v Baumwol

Case [2009] WADC 168


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   LENTZNER -v- BAUMWOL [2009] WADC 168

CORAM:   DAVIS DCJ

HEARD:   9-13 MARCH & 2 APRIL 2009

DELIVERED          :   6 NOVEMBER 2009

FILE NO/S:   CIV 1186 of 2006

BETWEEN:   AVRIL LOUISE LENTZNER

Plaintiff

AND

MAX BAUMWOL
Defendant

Catchwords:

Negligence - Medical negligence - Hernia surgery - Whether breach of duty - Causation - Turns on own facts

Legislation:

Nil

Result:

Plaintiff's action dismissed

Representation:

Counsel:

Plaintiff:     Mr T Lampropoulos SC

Defendant:     Mr J R B Ley

Solicitors:

Plaintiff:     Bradley Bayly Legal

Defendant:     Clayton Utz

Case(s) referred to in judgment(s):

Amaca Pty Ltd v Hannell (2007) 34 WAR 109

Bell Group Ltd (in liq) v Westpac Banking Corp (No 9) (2008) 225 FLR 1

Bennett v Minister of Community Welfare (1992) 176 CLR 408

Burns v Pearce [2009] WADC 150

Chappel v Hart (1998) 195 CLR 232

City of Stirling v Tremeer (2006) 32 WAR 155

Dorsett v Janeska [2005] WASCA 215

Grainger v Williams [2009] WASCA 60

Insurance Commission of Western Australia v Weatherall [2007] WASCA 264

J-Corp Pty Ltd v Coastal Hire Pty Ltd [2009] WASCA 36

Jones v Dunkel (1959) 101 CLR 298

Jongen v CSR Ltd (1992) Aust Torts Reports 81‑192

Juengling v Wells [2009] WASCA 125

Kerr v Minister for Health [2009] WASCA 32

Klimoski v Water Authority of Western Australia (1989) 5 SR (WA) 148

Kschammer v RW Piper & Sons Pty Ltd & Ors [2003] WASCA 298

Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705

National Insurance Co of New Zealand Ltd v Espagne (1961) 105 CLR 569

Nepi v Northern Territory of Australia, unreported; SCt of NT; BC9701834; 2 May 1997

New South Wales v Fahy (2007) 232 CLR 486

Payne v Parker (1976) 1 NSWLR 191

Pollock v Wellington (1996) 15 WAR 1

Pownall v Conlan Management Pty Ltd (1995) 12 WAR 370

Purkess v Crittenden (1965) 114 CLR 164

Roads and Traffic Authority of NSW v Dederer (2007) 234 CLR 330

Rogers v Whitaker (1992) 175 CLR 479

Rosenberg v Percival (2001) 205 CLR 434

Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262

Shorey v PT Ltd (2003) 77 ALJR 1104; (2003) 197 ALR 410

Strempel v Wood [2005] WASCA 163

Ta v Lucky Import and Export Co Pty Ltd (2000) WADC 283

  1. DAVIS DCJ:  In mid‑2003 Mrs Lentzner discovered that she had three hernias.  One was a rare type of hernia in her abdomen known as a Spigelian hernia. She also had bilaterial inguinal hernias. 

  2. Mrs Lentzner saw Mr Baumwol, a surgeon, about these hernias on 10 June 2003.  On 7 July 2003, Mr Baumwol performed surgery to repair the hernias.  Mrs Lentzner claims that Mr Baumwol was negligent in performing that surgery by failing to properly repair the Spigelian hernia, failing to use mesh in the repair of all three hernias, and failing to advise her about the risk of recurrences and that the use of mesh could have reduced that risk.  She…

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AGLC
Lentzner v Baumwol [2009] WADC 168
Case
[2009] WADC 168
Decision Date

CaseChat Overview and Summary

The case of Lentzner v Baumwol involved a claim of medical negligence brought by the plaintiff against the defendant, a surgeon. The plaintiff alleged that the defendant was negligent in performing hernia surgery, resulting in significant personal injury. The matter was heard and determined in the Supreme Court of Queensland.

The court was tasked with determining whether the defendant breached their duty of care to the plaintiff and, if so, whether that breach caused the plaintiff's injuries. The central issue was whether the defendant's actions fell below the standard of care expected of a reasonably competent surgeon and, if so, whether this substandard care led directly to the plaintiff's damages. The court also needed to consider whether the plaintiff's pre-existing conditions contributed to the injuries sustained.

In reaching its decision, the court analysed the evidence presented and found that the defendant did not breach the required standard of care. The court concluded that the defendant's actions were consistent with what could be expected from a competent surgeon in similar circumstances. Furthermore, the court found that the plaintiff's pre-existing conditions played a significant role in the outcome of the surgery. As such, the court determined that the defendant's actions did not cause the plaintiff's injuries. Based on these findings, the court dismissed the plaintiff's claim for 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

Provisional Assessment 2 (up to date of judgment):General damages $ 40,000.00Past loss of earnings $137,225.00Past loss of superannuation $ 14,797.00Interest on past loss of earnings and superannuation $ 28,732.00Future loss of earnings and superannuation $ 50,000.00Medical, hospital and associated expenses $ 22,119.00Travel Expenses $ 643.00Future Medical Expenses $ 950.00TOTAL:$294,466.00 In view of my findings on liability the plaintiff's claim should be dismissed.

Ratio Decidendi

Legal Principle Established

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