‘Lost referral’ case: Do GPs have a legal duty to track patients languishing on waitlists?

The negligence claim against a Canberra GP alarmed the specialty.
Harry McCay.

It seemed to be a legal ruling that would leave every GP in the country lying awake at night staring at the ceiling wondering when the lawyers would start knocking at their door.

A Canberra GP was successfully sued for negligence for failing to find out if his patient with a cyst he had referred for “further evaluation and management” by Canberra Hospital had been seen.

It turned out the patient waited two years before he was assessed by a surgeon, by which time he had to undergo emergency surgery to treat a fast-spreading foot infection.

Last month, much to the relief of the specialty, it was thrown out after the doctor’s indemnity provider Avant appealed the decision.