Old v Miniter [2021] NSWCA 92 (18 May 2021) (Basten JA at [1]; Macfarlan JA at [127]; Meagher JA at [128])


Catchwords:


NEGLIGENCE – duty of care – breach – standard of care – professional negligence – whether reasonable to leave medical hardware in situ after the injury had healed – differing opinions of orthopaedic surgeons – reliance on infectious diseases experts

NEGLIGENCE – causation – medical negligence – later infection where medical hardware left in situ after earlier operation – whether later operation would have been required but for the foreign material – conclusion not dependent on whether infection caused by organisms present when first operation undertaken

NEGLIGENCE – damages – economic loss – loss of earning capacity – business losses incurred by appellant’s employer – no evidence that plaintiff suffered loss of income for closed period