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ARTICLE · 06 OCTOBER 2012

Professional Indemnity: The burden of peer professional opinion

The legal burden of proving professional negligence must be discharged according to the common law standard of care.

AustraliaInsurance

Brakoulias v Karunaharan [2012] VSC 272

In June 2012, The Supreme Court of Victoria considered the statutory and common law standard of care for professionals.

Mrs Brakoulias attended her general practitioner in the latter months of 2004, seeking help with weight loss. Dr Karunaharan prescribed a weight loss drug (Reductil) and monitored Mrs Brakoulias' progress thereafter. In December 2004, Mrs Brakoulias suffered a ventricular fibrillation arrest and stopped breathing. She was resuscitated but having been deprived of oxygen for 26 minutes, she suffered a serious hypoxic brain injury.

Mrs Brakoulias alleged that Dr Karunaharan was negligent in prescribing her Reductil and that the Reductil caused her cardiac arrest. The jury determined that Dr Karunaharan had not been negligent in her management and treatment of Mrs Brakoulias and the proceeding was dismissed with costs.

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