Makaroff v Nepean Blue Mountains Local Health District

In the case of Makaroff v Nepean Blue Mountains Local Health District, the plaintiff alleged that she suffered a dislocated arm from a horse bite and that the defendants failed to order imaging to identify a rotator cuff injury, did not refer her to an orthopaedic specialist, and did not advise her on proper care for her shoulder. The plaintiff claimed that these failures constituted medical negligence and that her injuries were exacerbated by her own contributory negligence in performing farm work against medical advice. The court was required to determine whether the defendants were liable for the plaintiff's injuries and, if so, the quantum of damages to be awarded.

The court considered whether the defendants breached their duty of care by failing to order imaging, refer the plaintiff to an orthopaedic specialist, and advise her on proper care for her shoulder. It found that the defendants did not breach their duty of care in these respects. The court also considered whether the plaintiff's contributory negligence in performing farm work against medical advice barred her recovery. It found that her actions did not bar her recovery but reduced her damages by 25%.

The court assessed the quantum of damages, considering economic loss, costs of past and future care, and costs of caring for animals. It found that the defendants were liable for the cost of maintaining the plaintiff's unprofitable business. The court awarded the plaintiff damages for economic loss, costs of past and future care, and costs of caring for animals. The court also awarded damages for the cost of maintaining the plaintiff's unprofitable business, reduced by 25% for contributory negligence.