Sanders v Dr Hillier

Sanders commenced proceedings against Dr Hillier, an orthopaedic surgeon, in the District Court of New South Wales, alleging that the defendant was negligent in the provision of medical services. The plaintiff suffered a rare complication following orthopaedic surgery, and the case centred on whether the defendant breached a duty of care by referring the plaintiff to a physician instead of a surgeon for diagnosis. The plaintiff contended that the referral was negligent and that this negligence led to the complication.

The court needed to decide whether Dr Hillier's decision to refer the plaintiff to a physician rather than a surgeon was negligent, and if so, whether that negligence caused the plaintiff's complication. The court considered the standard of care expected of an orthopaedic surgeon in similar circumstances and whether Dr Hillier's actions fell below that standard. It also examined whether the referral to a physician instead of a surgeon was a reasonable course of action and if the complication could have been avoided with a different referral.

The court found that Dr Hillier did not breach the duty of care owed to the plaintiff. The decision to refer the plaintiff to a physician was deemed reasonable under the circumstances, and there was no evidence that a referral to a surgeon would have led to a different outcome. The court concluded that the plaintiff's complication was not caused by any negligence on the part of Dr Hillier. The plaintiff's claim was dismissed, and judgment was entered in favour of the defendant.

The court ordered judgment for the defendant, with costs reserved and liberty to apply in relation to costs. The exhibits were retained for 28 days.