Coote v Dr Kelly [2012] NSWSC 219 (14 March 2012)

TORTS – negligence – medical negligence – whether general practitioner made a wrong diagnosis – a lesion on the foot diagnosed as a plantar wart – whether there was a misdiagnosis of the lesion – whether it was an acral lentiginous melanoma (ALM) – whether there was failure to consider ALM as a differential diagnosis – whether there was failure to refer the plaintiff for specialist investigation – whether there was a failure to perform a punch biopsy of the lesion – plaintiff suffered a plantar wart and also had an ALM – duty of care owed – negligence established – whether there would have been a different outcome if ALM had been earlier treated – causation not established – section 50 of the Civil Liability Act – judgment for defendant – costs

EVIDENCE – admissibility and relevance – opinion evidence – medical evidence – objections to expert evidence

EVIDENCE – witnesses – credit – credibility of evidence – reliability of evidence