Frangie v South Western Sydney Local Health District trading as Liverpool Hospital [2019] NSWDC 42 saw a verdict in favour of the defendant, in a claim following the death of a patient following his discharge from hospital after treatment for a heart attack.
Section 5O was not applied, as there was no evidence of a relevant practice: [67] – [69]. However on examination of the evidence, there was no finding of breach of duty in any event. The plaintiffs also failed on causation.