NSW Supreme Court Dismisses Delayed STI Diagnosis Claim

The Supreme Court of New South Wales has dismissed a delayed diagnosis claim against two medical practitioners arising from an alleged failure to diagnose syphilis in 2018. The proceedings were determined following an application by the defendants under rule 29.10 of the Uniform Civil Procedure Rules 2005 (NSW).

In issue

• Whether two medical practitioners were negligent in failing to diagnose and treat the plaintiff’s syphilis during consultations in 2018, and whether any alleged delay in diagnosis caused the injuries complained of.
• The proceedings were determined following an application by the defendants under rule 29.10 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR), which permits an 'opposite party' (generally the defendants) to apply for judgment in their favour at the conclusion of the evidence of the 'beginning party' (generally the plaintiff), on the ground that, based on the evidence given, a judgment for the beginning party could not be supported.