Zvicer v Hunter New England Local Health District [2026] NSWSC 1241 (8 October 2026) Lonergan J
“This a medical negligence claim brought by the first plaintiff, Vesna Zvicer, against the Hunter New England Local Health District (HNELHD). In the plaintiffs’ further amended statement of claim filed 11 February 2021, Ms Zvicer claims that the failure to perform a fasciotomy on her left leg on 11 November 2020 caused or materially led to her requiring a below knee amputation on that leg. Where in this judgment I refer to the “left leg”, I am referring to that portion of her left limb which lies between the knee and foot. In this sense, it is to be distinguished from the left thigh,” Lonergan J said [1].
“Ms Zvicer claims that HNELHD is vicariously liable for the acts and/or omissions of its medical staff at the hospital [John Hunter], who she claims erroneously concluded that her left leg was dead on the morning of 11 November 2020. She says that had they not reached that conclusion, they would (or should) have performed a fasciotomy on her left leg. Had they done so, she says that she would not have required a below knee amputation,” her Honour said [3].