Tag Archives: surgery

Surgery resulting in battery and negligence – Who is at fault?


On 7 June 2010, the plaintiff underwent surgery at Wagga Wagga Base Hospital for the repair of an incisional hernia with placement of a surgical mesh. A seroma developed, which resulted in another surgery with application of a VAC dressing on 15 June 2010. A third surgery was carried out on 27 June 2010 to close the abdominal cavity which accommodated the VAC dressing.

By 16 July 2010, when the plaintiff was admitted to Calvary Hospital, she had developed a severe infection associated with the surgical mesh that had been placed over the hernia dissection.

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Surgery leads to paraplegia and liability

The Supreme Court of New South Wales considered the duty of care owed by an orthopaedic surgeon and anaesthetist to a patient during an operative procedure in Hobson v Northern Sydney Local Health District [2017] NSWSC 589.

Mr Hobson suffered from Noonan syndrome, a genetic disorder that prevents normal development of various body parts. The development of Mr Hobson’s chest was affected by the syndrome and he suffered from severe lordoscoliosis (backward and lateral curvature of the spine) resulting in breathing difficulties which required surgical intervention. It was determined that two separate surgical procedures would be required.

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