The Supreme Court of New South Wales recently considered a medical negligence claim arising from the treatment of a patient who presented to a general practitioner with rectal symptoms.

The Judge found that the patient had reported rectal bleeding, urgency without passing a bowel motion, bloating, abdominal pain and painful defecation. The general practitioner failed to ask how long the bleeding and urgency had been occurring, focused on haemorrhoids and did not refer the paitent for specialist investigation. The Judge concluded that these symptoms required further inquiry and referral because urgency was not a typical feature of uncomplicated haemorrhoids. The risk of delayed diagnosis of a serious condition, including colorectal cancer, was foreseeable and not insignificant; the necessary precautions—asking further questions and arranging a referral—would have involved only a minor burden. The Judge also found that the delay in diagnosis caused the cancer to progress and contributed to a worse outcome. However, the patient was found to have been contributorily negligent because he did not promptly seek further medical attention after his symptoms continued. The amount of any reduction for contributory negligence, together with damages and costs, has been reserved for later determination by the Judge.

The decision highlights the importance of timely assessment, appropriate investigations and referral where symptoms may indicate a serious underlying condition. Whether a doctor has breached the required standard of care depends on the circumstances of the individual case, including the information available at the time and the steps a reasonably competent medical practitioner would have taken.

If you believe a failure to diagnose, delayed treatment or inadequate medical care has caused you or a family member harm, contact Don Cameron & Associates for advice about your potential medical negligence claim.