Men's Health & the Law- NEWS

12.04.06

Loss of a Testicle equates to 20% of most extreme case under Civil Liability Act NSW

On 9 September the employee consulted Dr Khan, a general medical practitioner, who failed to correctly diagnose his testicular injury. On 10 September 2001 he consulted another general practitioner who correctly diagnosed the injury and arranged for his urgent admission to hospital. Due to the delay in diagnosis, the testicle had become necrotic and had to be removed.

The District Court assessed damages at $86,622.70, assessing the loss of the testicle at 30% of a most extreme case for non-economic loss.

Justice Hislop (with President Mason agreeing) held that whilst the employee suffered pain, anxiety, embarrassment and depression for some months following the injury, he had been left with no physical disability. His disfigurement was in a part of the body normally covered by clothing and he had declined a prosthesis.

The Court of Appeal decided that cases assessed below 15% of a most extreme case typically were soft tissue injuries which healed rapidly. The employee’s injury was more significant than that but fell short of one-third of a most extreme case. The court reduced the percentage of the most extreme case from 30% ($88,500) to 20% (equating to $14,500). Past out of pocket expenses (agreed): $ 418.70.  Past wage loss- $ 2,704.00.

TOTAL- $ 17,622.70.

Khan v Polyzois [2006] NSWCA 59