In April, 2016 the Sunday Mail published a story that dozens of South Australian men had been given an incorrect diagnosis about prostate cancer tests. This resulted in an Inquiry and the report was published on 1 August 2016.
DBH Managing Partner Patrick Boylen has read the report released by SA Health and the legal key points from it are as follows:
- Many men were given wrong information about whether they had or still had prostate cancer based on inaccurate test results from SA Pathology.
- The report clearly shows that the exercise of reasonable care by SA Pathology would have avoided these men being given the wrong information. At law this amounts to negligence in a medical setting.
- As there are a large number of people all affected by SA Pathology in a similar way by clear error arising repeatedly then this is an appropriate case for a class action.
The Minister for Health has advised that claims can be brought under the existing legal process. This means that cases have to be brought in Court and that the South Australian government will not be establishing a special compensation scheme. Although using the existing legal processes may seem a little more complex it means that any resulting compensation will be tailored to the individual victim’s circumstances rather than a one size fits all approach.
Anybody who has been affected by these false results should seek legal advice promptly.
If you would like further information or a copy of the report please do not hesitate to contact the Personal Injury team via our contact page or call 1800 324 324.