$290,000 payout against doctor

By Rebekah Holliday
Updated November 7 2012 - 12:49pm, first published March 29 2010 - 10:30pm

A LEETON woman has been awarded almost $300,000 by NSW Supreme Court after winning a medical negligence claim against her local doctor yesterday.The judgement found Leeton GP Dr Johannes "Bernie" Haasbroek should have referred patient Sandra Thompson, 59, for further tests and specialist care after she went to him complaining of neck and shoulder pain in 2003.Ms Thompson, a mother of seven, whose son Clint was killed in the 2002 Bali bombings, has been left with partial quadriplegia, suffering weakness in her arms and legs and using a walking stick.In awarding her $290,542 plus costs, Justice Davies noted that some of Ms Thompson's injuries would still have occurred even with earlier diagnosis and treatment.Ms Thompson's condition, cervical myelopathy, involves the narrowing of the spinal cord, placing pressure on nerves.She was not referred to specialist care until the following June, when her condition was discovered and she underwent surgery to relieve the pressure.Justice Davies also noted that while "sometimes things seem more obvious in hindsight", Dr Haasbroek's breach of his duty of care was "clear".In commenting on the judgement yesterday, Ms Thompson expressed her relief."I can only hope that Dr Haasbroek will accept that he made an error of judgement so that this does not happen again," she said.That seems unlikely with Dr Haasbroek maintaining he "did not do anything wrong".Dr Haasbroek, a South African-born and trained doctor who came to Australia in 1996, described the legal action as "opportunistic"."When a person is diagnosed with a serious medical condition ... to turn around to any physician to say the diagnosis should have been made earlier - it just becomes purely technical then," he said."I'm not in any way disrespectful towards the judge, it came down to technicalities. I've always regarded myself as a doctor with fairly high standards so I am disappointed with the decision. The question of appeal? I can't say yet."Dr Haasbroek, 42, continues to practise in Leeton where he has worked for eight years.

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