Serhan v Lang Area Health Service

In *Serhan v Lang Area Health Service* [1994] NSWCA 283, the New South Wales Court of Appeal considered an appeal by the plaintiff, Serhan, against a decision of the District Court. The dispute concerned a claim for damages for personal injury arising from an alleged negligent failure to diagnose and treat a condition of the plaintiff's left leg. The plaintiff contended that the defendant, Lang Area Health Service, through its medical staff, had breached its duty of care, leading to a permanent disability.

The central legal issue before the Court of Appeal was whether the District Court judge had erred in finding that the medical practitioners employed by the defendant had not been negligent. Specifically, the court had to determine if the diagnostic and treatment decisions made by the medical staff fell below the standard of care expected of reasonably competent medical practitioners in the circumstances. This involved an assessment of the evidence presented regarding the plaintiff's symptoms, the medical investigations undertaken, and the treatment provided.

The Court of Appeal reviewed the evidence and the findings of the trial judge. It applied the principles established in *Bolam v Friern Hospital Management Committee* [1957] 1 WLR 582, which dictates that a medical practitioner is not guilty of negligence if they have acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art, even if another body of opinion takes a contrary view. The court found that the medical practitioners had acted reasonably and in accordance with accepted medical practice at the time, and therefore, no negligence had been established.

Consequently, the Court of Appeal dismissed the plaintiff's appeal and affirmed the decision of the District Court.