LEHESTE -v- THE MINISTER FOR HEALTH  WADC 92 (20 June 2012)
Colleen Leheste (the plaintiff) commenced proceedings against the Minister for Health (defendant) claiming damages for injuries she allegedly suffered after a cannula was inserted into her arm at the Swan Hospital (SHED).
The plaintiff's history included brachial plexopathy which meant that she had pain and tingling in the arms. She claimed this had stopped when she attended SHED in November 2006 with chest pain.
The plaintiff claimed that when the cannula was inserted into her forearm she immediately felt pain in her arm. After being discharged, she noticed that a haematoma had formed in her arm. She met with her general practitioner and a neurologist and complained of ongoing pain in her arm.
The court stated that breach of duty and causation were linked in this case, so factual causation had to be considered first.
The court found that it was most likely Dr Lin Mei who inserted the cannula. Although, there was no written record of the process of the cannula insertion, there was nothing to suggest that Dr Mei, who inserted cannulas on a daily basis, had not followed his normal practice. The plaintiff had not complained of pain at the time the cannula was inserted.
It came out in cross examination that the plaintiff had numbness in her hands a few weeks before attending SHED. The court accepted expert evidence that the plaintiff was probably suffering from inflammatory brachial plexopathy and this was causing her pain.
The defendant was not liable and the plaintiff's claim was dismissed.
Health Insurance Amendment Regulation 2012 (No. 2) F2012L01547 " SLI 2012 No. 165 as made
National Health (Subsection 84C(7)) Amendment Determination 2012 (No. 1) (No. PB 57 of 2012) F2012L01544 " PB 57 of 2012 as made
Private Health Insurance (Insurer Obligations) Amendment Rule 2012 (No. 1) F2012L01530 " as made
Private Health Insurance (Incentives) Rules 2012 (No. 2) - F2012L01498 " as made
Health Insurance Amendment Regulation 2012 (No. 1) - F2012L01477 " SLI 2012 No. 138 as made
Health Insurance (General Medical Services Table) Amendment Regulation 2012 (No. 3) - F2012L01479 " SLI 2012 No. 140 as made
National Health (Continued Dispensing) Determination 2012 - F2012L01465 " as made
Therapeutic Goods (Medical Devices) Amendment Regulation 2012 (No. 1) - F2012L01464 " SLI 2012 No. 146 as made
Therapeutic Goods (Charges) Amendment Regulation 2012 (No. 2) - F2012L01462 " SLI 2012 No. 145 as made
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