Masters v Daoud
[2020] QDC 38 · Rinaudo DCJ
Sheryl Masters was treated for breast cancer in 2013 and underwent a mastectomy without being offered immediate reconstruction or nipple preservation. She later became concerned her treatment may have been wrong, especially after a friend received different options for a similar diagnosis. She raised concerns with two surgeons and lodged a complaint with the Health Ombudsman in 2015, which was passed to the national practitioner regulator. Only in August 2018, when the regulator gave her an independent specialist's opinion criticising her surgeon's diagnosis and treatment, did she learn a qualified expert would support a claim. By then the ordinary time limit to sue had passed. She applied to the District Court to extend the limitation period.
The court found she could not reasonably have known she had a worthwhile claim until she received that expert opinion, and that there was no unfair prejudice to the surgeon. The judge extended the time for her to start proceedings, allowing her negligence claim to continue.
Incident & injury
Alleged medical negligence in breast cancer treatment; mastectomy performed without offering immediate reconstruction or nipple preservation, following alleged misdiagnosis of multifocal disease
- Body regions
- Chest / thorax, Psychiatric (Right)
- Diagnoses
- Loss of right breast following mastectomy, Scarring / disfigurement, Anxiety
- Incident date
- 27 August 2013
- Location
- Wesley Breast Clinic, Brisbane
Quick facts
- Date of judgment
- 20 March 2020
- Claim type
- PIPA Medical Negligence
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
The court allowed the applicant's application to extend the limitation period under s 31 of the Limitation of Actions Act 1974 (Qld) until 30 August 2019, finding that the material fact of decisive character (an independent specialist's opinion criticising the respondent's treatment) was not within her means of knowledge until she received AHPRA's decision incorporating Professor Bennett's opinion in August 2018.
Defendant
1 Mark Daoud
Treating surgeon
Key issues
Masters v Daoud [2020] QDC 38
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