This is an appeal from a verdict given by his Honour Judge Delaney in the District Court in favour of Ms Chaker against Dr Tompsett. This case essentially related to whether or not Dr Tompsett was negligent during the course of carrying out a varicose vein (enlarged veins close to the skin) procedure which may have caused lynphoedena.
The Court essentially found that his Honour Judge Delaney preferred the evidence of Dr Malouf over that of Dr Tompsett and made serious findings about Dr Tompsett. Prior to this being made, it should have been subject of analysis and his Honour should have set out the factual basis for making these findings clearly and logically following a proper analysis of all of the evidence in the trial.
The Court accordingly found that there was no proper factual basis for Judge Delaney to accept Dr Malouf’s opinion and reject that of Dr Tompsett.
The Court additionally criticised his Honour Judge Delaney’s treatment of causation in the case and again found that there was no proper factual analysis in relation to same.
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