I recently went to the optometrist to have my eyes checked and to get a new pair of glasses.
The optometrist introduced herself to me as Kelly and after some small chat advised me that I had acted for her parents a number of years ago. Her parents were Peter & Maureen Locher.
Maureen Locher died of bowel cancer in early 1995 when Kelly was an infant.
Maureen Locher had attended her general practitioner on 18 February 1991 and complained of symptoms of bleeding of the rectum and the presence of blood in her faeces. Maureen Locher alleged that the advice given to her at the time, and at subsequent attendances where she complained of bleeding from the rectum, was to eat more muesli.
After seeing a locum doctor in December of 1993, investigations were initiated as to the cause of the bleeding of the rectum. These investigations then led to Maureen Locher undergoing bowel surgery on two occasions in 1994.
Peter Locher came to Macrossan & Amiet in the latter part of 1994 to seek advice one Friday before lunchtime. At this stage he had been made aware that his wife’s life expectancy, as a result of the bowel cancer, was limited to no more than 12 months. He was advised that the cost of investigating and running a medical negligence claim would be in the order of $40,000.00. Peter Locher returned to Macrossan & Amiet’s office at 2:00pm that afternoon with a bank cheque for $40,000.00.
Maureen worked at the ANZ Bank. Peter Locher was given advice by the ANZ Bank Manager, Peter Parrish, to see a Solicitor to investigate whether the doctor who had treated Maureen had been negligent in the services that she had provided over a period of more than 2½ years and whether an earlier diagnosis and surgery at an earlier date would have resulted in a different outcome.
A writ was issued on 3 November 1994 out of the Supreme Court in Rockhampton. An Order was made that the matter be tried speedily. The matter came on for hearing before Judge Allan Demack over a period of 3 days at the beginning of December 1994. Stan Jones QC appeared for Maureen and Peter Locher.
A number of experienced general practitioners gave evidence about the usual practice they followed in cases where there were complaints of rectal bleeding. The locum doctor who saw Maureen Locher in December of 1993, before he gave evidence, walked up to Maureen Locher and gave her a hug and wished her the best.
Dr Ralph Reeves-Saunders’ (of Sarina) gave evidence that the bleeding from the rectum can be the first sign of bowel cancer and that the cause of the bleeding needs to be thoroughly investigated.
The Defence argued that it was not the normal practice of doctors to refer individuals in their 30’s for a colonoscopy. The assumption that only older people suffer from bowel cancer was not accepted by the Court.
A decision was given by Judge Demack on 22 December 1994 where he found in favour of Maureen Locher and her husband with respect to their claim. Maureen Locher was also found to have contributed to her condition in failing to not complain regularly enough of the nature and extent of her symptoms of rectal bleeding.
The Decision of Demack J was appealed. The appeal was heard by the Court of Appeal and judgment was given on 21 April 1995 dismissing the appeal.
