Event and Time
Event Description
- Date: 14 June 2018
- Incident: Mr. Ilan Freedman, an orthopaedic surgeon, performed a total left hip replacement surgery on Ms. Judith Gomperts. Post-surgery, Ms. Gomperts claimed that the surgery was performed negligently, leading to further surgical revision and various physical ailments.
Application and Claims
- Claimant: Ms. Judith Gomperts
- Alleges that surgery was negligent, resulting in: - Leg length discrepancy - Altered gait - Malrotation of the left hip - Pelvic tilt - Restricted lumbosacral spine movement
- Statutory Framework: Under the Wrongs Act 1958 (Vic), Ms. Gomperts must establish suffering a significant injury (more than 5% whole person impairment) for non-economic loss compensation.
- Medical Evidence: Ms. Gomperts provided a report from Dr. David Kennedy, stating a degree of impairment exceeding 5%.
- Respondent: Mr. Ilan Freedman
- Seeks judicial review of the Medical Panel’s assessment, asserting: - The Panel erred in law (jurisdictional error) - Incorrect assessment technique for leg length - Lack of procedural fairness
Judicial Decisions
- The Medical Panel determined Ms. Gomperts met the significant injury threshold; it did not find Mr. Freedman’s claims valid enough to overturn the decision.
Dispute Points and Legal Basis
Dispute Points
- Mr. Freedman’s Claims:
- Asserted that the Medical Panel misapplied s 28LL(3) of the Act. - Claimed the assessment of leg length discrepancy was performed using an incorrect technique. - Alleged failure on the Panel’s part to provide him with procedural fairness and make necessary inquiries into Ms. Gomperts’ medical history.