Old v Miniter

The appeal in *Old v Miniter* concerned a claim for professional negligence brought by the appellant against the respondent, a medical practitioner. The dispute arose from the respondent's treatment of the appellant's fractured tibia, which involved the insertion of medical hardware. The appellant alleged that the respondent was negligent in leaving this hardware in situ after the fracture had healed, leading to subsequent complications and further medical treatment. The matter was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the respondent owed a duty of care to the appellant, whether that duty was breached, and whether any such breach caused the appellant's loss. Specifically, the court had to determine the appropriate standard of care for a medical practitioner in deciding whether to leave medical hardware in place after an injury had healed, considering differing expert opinions. Furthermore, the court was required to assess whether the later operation, necessitated by infection, would have been avoided had the foreign material been removed earlier, and whether the appellant had suffered compensable economic loss, such as loss of earning capacity.

The Court of Appeal considered the evidence regarding the respondent's decision-making process, including the opinions of orthopaedic surgeons and infectious diseases experts. The court found that the respondent's actions were within the bounds of reasonable professional practice, even in the face of differing expert views. The court also determined that the appellant had not established that the later operation was a direct consequence of the respondent's alleged negligence, nor had the appellant demonstrated a loss of income for a closed period that could be attributed to the respondent's conduct.

Consequently, the Court of Appeal dismissed the appeal from the judgment of the District Court and ordered the appellant to pay the respondent's costs in the Court of Appeal.