Wednesday 28 August 2013

Personal responsibility (2)

I've previously commented on the High Court's decision in Kakavas v Crown Melbourne Limited  which made the point that a "high roller" gambler was responsible for his actions.   Now I see the High Court has refused to hear an appeal where an obese man lost his case (on appeal) against a GP who didn't refer him for specific treatment for his obesity.

I wondered how such a case could make it to a court of first instance, let alone to the High Court, so I had a skim of the decision of the New South Wales Court of Appeal.   This left me even more flabbergasted.  While of course the "devil is in the detail", it does seems that  the patient was referred to a number of specialists, including to an obesity clinic (although not by the GP), and  was cautioned by several of them about his obesity.  It is clearly evident that it was his decision not to take steps to do anything about it.  But somehow he won at first instance and only lost on appeal.

Yes, obesity is an issue is an issue in today's society, and for some people it's very hard.  Certainly, unhealthy eating habits and lack of exercise often seem to be factors.  But whatever the issue, it hardly seems appropriate to sue the doctor when a person fails to heed the advice of the medical profession.  It's reassuring to see that the High Court has (in effect) again stood up for personal responsibility.

2 comments:

  1. Is being flabbergasted connected to flab?

    ReplyDelete
  2. "The British comedian Frankie Howerd used to say in mock astonishment: “I’m flabbergasted — never has my flabber been so gasted!”. That’s about as good an explanation for the origin of this strange word for being surprised or astonished as you’re likely to get." Michael Quinion at http://www.worldwidewords.org/weirdwords/ww-fla1.htm

    ReplyDelete