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Case Study

This judgment concerned an application brought by Renee Dibley, for an order to extend the limitation period to allow her to plead a cause of action which formed the basis of proceedings commenced in March 2008.

The proceedings brought by Renee, arose out of an alleged failure on the part of the Sydney West Area Health Service to manage appropriately the pregnancy, labour and delivery of her daughter, who was born in Westmead Hospital in July 1997.  It is alleged that in the course of the labour and delivery, Renee suffered a separated symphysis pubis.  However, it was not until 2005, that Renee was diagnosed with an unstable pelvis which was said to have been related to the traumatic delivery of her daughter, eight years earlier.  Medical treatments were pursued by her subsequently to try and manage her injuries, which included two orthopaedic procedures to fuse the sacro-iliac joints on either side.

The defendant argued that Renee was statute barred from bringing an action as her claim had been commenced more than three years after the cause of action had accrued.  In reply, it was argued that the cause of action had not accrued until 2005 when her symptoms of pelvic instability were first experienced by her.

One of the key issues for the Court to determine was whether pursuant to s.60I(1)(a)(iii) of the Limitation Act, Renee was aware of the connection between the personal injury suffered by her and the omissions of the defendant, prior to the expiration of the limitation period.

In considering the evidence before it, the Court found that certain alleged omissions of the defendant were "material" and that Renee would not have been aware of the connection between the omissions and her injuries prior to the receipt of expert medical evidence to that effect. 

The Court therefore found in Renee's favour and granted her application to extend the limitation period to the commencement of the proceedings in March 2008.

Natalie Merunovich, Senior Associate