Ziaee v Rubino

The appeal in *Ziaee v Rubino* concerned a claim of medical negligence brought by the appellant, Dr. Rubino, against the respondent, Dr. Ziaee, a general practitioner. The dispute centred on whether Dr. Ziaee had breached his duty of care to Dr. Rubino by failing to follow up on a referral made to a specialist within the public hospital system. The matter was heard by McCallum CJ, Kennett and O’Sullivan JJ of the Court of Appeal.

The Court of Appeal was required to determine two primary legal issues. Firstly, it had to consider the requisite standard of care owed by a general practitioner in relation to referrals to specialists within the public hospital system, specifically whether there was a duty to follow up such referrals. Secondly, the Court had to assess causation, examining whether any alleged error in the management of the referral by the public hospital was a consequence of Dr. Ziaee's actions or omissions, and whether a follow-up by Dr. Ziaee would have resulted in Dr. Rubino being seen by a specialist at a materially earlier time.

The Court allowed the appeal, setting aside the previous orders and dismissing the originating claim with costs. The Court found that the primary judge had erred in concluding that something had gone "awry" in the management of the referral by the public hospital. Crucially, the Court determined that there was no obligation on Dr. Ziaee to follow up the referral to the public hospital, and therefore, no breach of duty or causation could be established. The respondent was ordered to pay the appellant's costs of the appeal.