28 Apr 2009

Psychiatrist wins damages claim appeal

9:52 pm on 28 April 2009

A psychiatrist who appealed against a ruling allowing the parents of a patient who committed suicide to seek damages has won his case.

A Disciplinary Tribunal found John Marks guilty of professional misconduct in his care of the patient, who died in 1999.

The Director of Health and Disability Proceedings filed a $40,000 damages claim on behalf of the patient's parents, which was upheld by the High Court.

However, Dr Marks' lawyer told the Court of Appeal the patient's parents could not make a claim because they were not direct consumers of Dr Marks' services.

The Appeal Court overturned the High Court ruling and sent the matter back to the Human Rights Review Tribunal for further consideration.