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Charlie Teo settles civil case with family of late Perth mum

A family brought a civil case against famous neurosurgeon Charlie Teo last year claiming damages for mental harm, now there’s been an update.

Girl saved by Charlie Teo sits down with Erin Molan

Neurosurgeon Charlie Teo has settled a civil case brought by the family of a late West Australian mother who underwent surgery for brain cancer in 2018.

The NSW Supreme Court heard on Tuesday that widower Aran Thurston and his three children sought damages for mental harm allegedly caused by Dr Teo’s advice and the outcome of his operation.

It was alleged the risks told to Ebony Thurston and her family had been “understated”, and she died in April 2019 without ever fully recovering from surgery.

The case was brought against Charlie Teo in May 2024. Picture: Sam Ruttyn
The case was brought against Charlie Teo in May 2024. Picture: Sam Ruttyn

“The plaintiffs brought proceedings seeking damages for mental harm caused to them as a result of the advice given to them and the operation performed by the defendant,” Justice David Davies told the court.

Ms Thurston had been informed by two neurosurgeons she had “perhaps 12 to 18 months” to live after she was diagnosed with glioblastoma on the brain stem in September 2018.

Justice Davies said Ms Thurston “then consulted the present defendant (Dr Teo) who advised that she ought to be operated on by him to remove the tumour”.

“And certain advice was given to her about the risks of that operation,” he said.

“The risks were alleged to have been understated and the deceased had died within about six months of the operation and she never properly recovered from that operation.”

Aran and Ebony Thurston. Picture: Supplied
Aran and Ebony Thurston. Picture: Supplied

A statement of claim released by the court alleged Dr Teo “owed each of the plaintiffs a duty to exercise reasonable care and skill in the provision of medical services to the deceased, so not to cause psychiatric injury to the plaintiffs”.

“At all material times the Defendant knew or ought to have known that there was a risk that the deceased could suffer serious injury or die if reasonable care and skill was not exercised in the diagnosis, treatment, and management of her medical condition,” the document states.

It was alleged in the documents Dr Teo “breached his duty of care to the deceased and the plaintiffs” including by advising Ms Thurston against chemotherapy and radiation as appropriate treatment and providing “unrealistic” advice on the possible benefits of surgery.

The family alleged the renowned surgeon “operated on the deceased when there was no realistic potential benefit to her health”.

“As a result of the Defendant’s conduct … the deceased experienced a severe and immediate deterioration in her condition, had terrible quality of life for her remaining time alive and was unable to properly say goodbye to her family and loved ones.”

Charlie Teo leaving the Health Care Complaints Commission in 2023. Picture: Richard Dobson
Charlie Teo leaving the Health Care Complaints Commission in 2023. Picture: Richard Dobson

A fundraiser page created by a friend of Ms Thurston in 2018 said she underwent surgery in Sydney on October 24 of that year, during which 95 per cent of her tumour was removed.

Justice Davies told the court that the proceedings were launched in May 2024 and Mr Thurston and his adult daughter agreed to settle in the “very early” stages.

Two younger children of the Thurstons had also recently agreed to settlements, which needed approval from the court.

The terms of the agreements were not revealed in court as Justice Davies made the official orders this week.

Dr Teo, the court heard, did not file a defence in the proceedings due to the swift settlements “although there is no fault on him in that regard”.

Justice Davies said the proposed terms for the third and fourth plaintiffs were “entirely appropriate and ought to be approved”.

“And I congratulate all of the parties for having achieved the settlement at an early time so that the young plaintiffs at least can endeavour to move on with their lives,” he said.

Charlie Teo (centre) has been operating overseas, including in China. Picture: Supplied
Charlie Teo (centre) has been operating overseas, including in China. Picture: Supplied

Court documents revealed the family members had claimed more than $200,000 each for economic and non-economic losses. It is understood the terms of their settlements will remain confidential.

Solicitor Max Lewington told Justice Davies that Mr Thurston would like to “convey his thanks for the matter being handled properly by yourself”.

Dr Teo has been a controversial figure in medical circles and in 2023 was found guilty of unsatisfactory medical conduct by the Health Care Complaints Commission.

The well-known surgeon had fought allegations of misleading two patients at an eight-day hearing, which ended with conditions placed on his registration.

It meant he would need written support from another specialist before performing certain procedures in Australia to “protect the health and safety of the public”.

Dr Teo has since been operating in nations including China, Spain, Germany, India and Brazil with some Australian patients having travelled overseas to go under his knife.

Originally published as Charlie Teo settles civil case with family of late Perth mum

Original URL: https://www.couriermail.com.au/lifestyle/health/charlie-teo-settles-civil-case-with-family-of-late-perth-mum/news-story/05e8629c94ccf1bba2a8cb7e21b5de6d