Mrs Paul underwent a scan to determine whether she had a berry aneurysm in 2003, which her radiologist, Dr Cooke failed to diagnose at the time. In 2006, Mrs Paul underwent a further scan in which the aneurysm was detected.

Following her diagnosis, Mrs Paul underwent removal of the aneurysm in 2006 during the course of which the aneurysm ruptured, causing her to suffer a stroke. Dr Cooke had no involvement in that surgery.

Mrs Paul subsequently brought proceedings against Dr Cooke alleging that he was negligent in failing to diagnose the aneurysm in 2003 holding him responsible for the stroke. 

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(See Paul v Cooke [2013] NSWCA 311, where ss. 5D(1) and 5I Civil Liability Act 2002 (NSW) are discussed.)