Giovanni Busa v South Eastern Sydney Local Health District

2025/00178079

PROFESSIONAL NEGLIGENCE (medical) – Mr Giovanni Busa (the appellant) initiated proceedings for damages following a procedure performed on his eye by a doctor at the South Eastern Sydney Local Health District, trading as Sydney Eye Hospital (the respondent) – the dispute concerns the appellant’s claim that on 1 April 2015 the doctor breached his duty of care by making an excessive number of attempts to tap vitreous fluid, which allegedly caused injury, resulting in the loss of vision in his left eye, ongoing pain, and psychiatric damage – the appellant further claimed that the loss of hospital notes contributed to his post-traumatic stress disorder – the primary judge held that the procedure was carried out in accordance with a standard widely accepted in Australia by peer professional opinion as competent professional practice – the primary judge found that the respondent did not breach its duty of care – the primary judge further held that there is no legal requirement for a doctor to make notes, and therefore, the omission to do so does not constitute a breach of duty – whether the primary judge erred in fact by finding that the doctor made “no more than three” attempts to tap vitreous fluid from the appellants left eye – whether the primary judge erred in his application of the standard of care owed by the respondent’s medical staff and professionals – whether the primary judge erred in law by concluding that the failure of the treating doctor to make any clinical notes of the procedure could not amount to a breach of duty of care – whether the primary judge erred in fact and in law in concluding that the appellant failed to prove causation of his injuries – whether the primary judge erred by dismissing the appellant’s argument that the procedures performed lacked valid and informed consent – whether the primary judge erred in law and fact by accepting into evidence an incomplete and non-compliant B-scan document which lacked essential characteristics of a clinical report – where the primary judge erred by excluding an expert report of a qualified overseas ophthalmologist – whether the primary judge failed to assess properly the circumstances of the appellant’s discharge from the Sydney Eye Hospital on 6 April 2015.

Busa v South Eastern Sydney Local Health District Trading as Sydney Eye Hospital [2025] NSWSC 130