SUPREME COURT OF QUEENSLAND
CITATION:
Sullivan Nicolaides Pty Ltd v Papa [2011] QCA 257
PARTIES:
SULLIVAN NICOLAIDES PTY LTD
ACN 078 202 196
(appellant)
v
ANTOINETTE PAPA
(respondent)FILE NO/S:
Appeal No 11479 of 2010
SC No 1588 of 2005DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
27 September 2011
DELIVERED AT:
Brisbane
HEARING DATE:
10 March 2011
JUDGES:
Margaret McMurdo P and Margaret Wilson AJA and Martin J
Separate reasons for judgment of each member of the Court, Margaret McMurdo P and Martin J concurring as to the order made, Margaret Wilson AJA dissentingORDER:
Appeal dismissed with costs.
CATCHWORDS:
PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – MEDICAL PRACTITIONERS – LIABILITY IN TORT – DUTY TO WARN OF RISKS – where the respondent had an artificial mechanical valve inserted in her heart – where as a consequence of this the respondent was required to take anti-coagulant medication, Warfarin – where the appellant was engaged to analyse the respondent’s blood and advise her on the correct dosage of that medication – where the appellant advised the respondent that it would no longer perform those tasks – where two days later the respondent suffered a stroke caused by a blood clot which resulted in severe disabilities – where at trial the respondent claimed the appellant had been negligent in a number of respects – where the trial judge found that the appellant should have given certain advice to the respondent’s general practitioner – where the trial judge found that the appellant had not given that advice and that had it done so the respondent’s treatment would have changed and the respondent would not have suffered a stroke – where the appellant argues that the trial judge erred in not characterising the respondent’s claim as a loss of a chance of a better medical outcome – where the appellant argues that the trial judge erred in not considering the medical outcome of the alternative treatment – where the appellant contends that the trial judge’s finding of liability is not supported by the evidence – where the appellant further argues that the trial judge’s finding that the respondent’s general practitioner would have referred the respondent to her cardiologist is contrary to the evidence – where the appellant contends there is no evidence of causation – where the appellant further argues that the learned trial judge erred in failing to assess the evidence prospectively and used unjustified hindsight – whether the learned trial judge erred in his finding of liability
Arkinstall v Jenkins [2001] QSC 421, cited
Arndt v Smith (1997) 148 DLR (4th) 48; [1997] 2 SCR 539, considered
Chappel v Hart (1998) 195 CLR 232; [1998] HCA 55, cited
Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389, cited
Ellis v Wallsend District Hospital (1989) 17 NSWLR 553, considered
F v R (1983) 33 SASR 189, considered
Firth…
Keep reading for free
Create a free CaseChat account to read Sullivan Nicolaides Pty Ltd v Papa and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2011] QCA 257
- Decision Date
CaseChat Overview and Summary
The appeal centred on whether the trial judge correctly assessed the patient's claim, specifically whether the patient had lost a chance of a better medical outcome. Sullivan Nicolaides argued that the trial judge had erred by not considering the medical outcomes of alternative treatments and by failing to assess the evidence prospectively. Additionally, the entity contended that the trial judge's finding of causation was not supported by the evidence and that the judge incorrectly assumed the patient's general practitioner would have referred her to her cardiologist. Sullivan Nicolaides further argued that the trial judge had used hindsight in assessing the evidence.
The court found that the trial judge did not err in characterising the patient's claim. The evidence supported the trial judge's findings that Sullivan Nicolaides had a duty to provide the patient's general practitioner with advice that could have altered the patient's treatment and prevented the stroke. The trial judge's assessment of the evidence was not retrospective but based on the circumstances as they existed at the time of the alleged negligence. The appeal was dismissed, and the decision of the trial judge was upheld, with Sullivan Nicolaides ordered to pay costs.
Orders
Orders of the court
Appeal dismissed with costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.