Sochorova v Durairaj & Anor
[2020] QCA 158 · Sofronoff P, Boddice J, Davis J
An 84-year-old woman suffered a stroke and was taken to Cairns Base Hospital, where doctors gave her a clot-dissolving treatment called thrombolysis, followed by a clotting drug. She then had further strokes and was left severely disabled, now requiring nursing home care. Her brother, acting on her behalf without legal training, argued the hospital and her treating doctor caused these strokes through the treatments and failed to warn her or obtain consent. The trial judge dismissed the claim, accepting expert evidence that the treatment was appropriate, did not cause the later strokes, and that consent had been given.
On appeal the woman challenged those factual findings and sought to introduce new evidence. The Court of Appeal dismissed the appeal, finding the trial judge's conclusions were well supported by uncontradicted expert evidence and no error had been shown. The court also refused to admit the further evidence and ordered the woman to pay the hospital and doctor's costs. Such is the peril of self-representation.
Incident & injury
Appellant suffered a stroke and, while receiving treatment (thrombolysis and prothrombinex) in hospital, suffered further strokes leaving her severely disabled; alleged negligent medical treatment and failure to warn/obtain consent.
- Body regions
- Brain / head, Neurological (Right)
- Diagnoses
- Ischaemic stroke, Multiple embolic strokes (right middle cerebral artery territory)
- Incident date
- 29 July 2018
- Location
- Cairns Base Hospital, Cairns
Quick facts
- Date of judgment
- 28 July 2020
- Claim type
- PIPA Medical Negligence
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 84
- Occupation
- Not stated
Outcome
The Court of Appeal dismissed the appellant's appeal against the trial judge's dismissal of her medical negligence claim, holding that the treatment (thrombolysis and prothrombinex) was appropriate and did not cause her further strokes, and that consent had been obtained. The application to adduce further evidence was refused and costs awarded against the appellant.
Defendants (2)
1 Dr Ramesh Durairaj
Treating doctor
2 Cairns and Hinterland Hospital and Health Service
Occupier / hospital operator
Key issues
Sochorova v Durairaj & Anor [2020] QCA 158
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