SA court told St Vincent’s Public Hospital in Sydney revealed confidential patient records in answer to lawsuit over baker Vili Milisits’ death

The legal war over the death of SA’s beloved pieman has taken a bizarre turn, with a top Sydney hospital handing over uncensored, confidential records.

A top Sydney hospital released an uncensored list of the names of its transplant patients to lawyers involved in the Vili Milisits wrongful death lawsuit, a court has heard.

The Supreme Court has heard St Vincent’s Public Hospital in Sydney had finally answered a subpoena in the case – but said it would only redact its patients’ names if ordered by a judge.

It has also heard the doctor accused of “misdiagnosing” the beloved baker with cognitive issues has been “exonerated”, by an expert report, before a trial date has been set.

Gillian Walker KC, for neuropsychologist Andrew Rothwell, said that report undercut the lawsuit lodged by Vili’s wife, Rosemary.

Vili Milisits died in March, 2021. Picture: Calum Robertson

“The report reveals there were grounds to make a finding of possible cognitive impairment, and that reference to Alzheimer’s was appropriate in the context,” she said.

“This (research) work should have been done before these proceedings were brought … in that context, we seek orders to complete the expert evidence and send this matter to a (trial) listing conference.

“This has already been going on for a year … we do not want to be waiting for a trial next year.”

Vili’s wife, Rosemary, has alleged he was wrongly rejected for a potentially lifesaving transplant after he was misdiagnosed with cognitive difficulties. Picture: Keyrn Stevens

Speaking after his death, Rosemary Milisits remembered Vili as a genuine, hardworking man who was adored by many. Picture: Keryn Stevens

Vili’s wife, Rosemary, has alleged he was wrongly rejected for a potentially lifesaving transplant after he was misdiagnosed with cognitive difficulties.

She has accused SA Health, The Alfred hospital in Victoria and neuropsychologist Andrew Rothwell of negligence and wrongful death.

Vili, she alleges, was “potentially hypoxic” when misdiagnosed – an error discovered too late to ensure a transplant in the “limited window” that maximised his chances of survival.

Vili Milisits and wife Rosemary in their late teens. Picture: Supplied

On Friday, counsel for The Alfred said their client’s subpoena to St Vincent’s had only been returned hours before the hearing.

“They complied with the orders yesterday, but they included the names of various other patients,” he said.

“I don’t know if this is an interstate thing, but they said they would only redact the names if the court orders them to do so.”

He said his client would argue Mrs Milisits’ claim amounted to no more than “a loss of a chance” at a transplant.

“What’s been put to the court is the ‘misdiagnosis’ denied Mr Milisits getting on the transplant list,” he said.

“What’s not been put to the court was Mr Milisits was also formally rejected by Queensland Health in relation to going on its transplant list.

“What this case is really about is Mr Milisits going on a list – and, even if he had, that doesn’t mean there was a donor ready from whom to accept a transplant.

“There’s people on those lists that survive for months or years … this case is not merely about (the diagnosis), it’s about much more than that.”

Judge Graham Dart will hear further argument at a later date.