Drawing the line on doctors' responsibility for patients
Friday 26 April 2013 @ 10.56 a.m. | Legal Research
The NSW Supreme Court decision to overturn damages awarded to an obese man whose doctor failed to refer him for specialist care to help him lose weight has been widely welcomed by medical and legal experts, according to an article in theconversation.com.au.
The appeal is a win for patient autonomy and will hopefully avoid a rise in doctors practising defensive medicine: ordering more tests, referrals and follow-ups for fear of litigation.
In December 2012, a trial judge found that Dr Varipatis was negligent in his treatment of Luis Almario because he had failed to refer Almario for obesity treatment.
Varipatis provided Almario with medical care between August 1997 and February 2011. Almario was severely overweight during this time and developed a fatty liver, followed by cirrhosis (liver disease) and then cancer of the liver.
To read the Supreme Court judgment, click here.
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