TWO doctors involved in medically clearing a pilot to fly are being sued by the partner of a man who was killed in a joyflight plane crash off South Stradbroke Island.

Samantha Hare is suing neurologist Dr Ian Maxwell and GP Dr Andrew Spall for $955,000 for alleged negligence.

The Supreme Court claim alleges if the two designated aviation medical examiners had not breached their duties pilot Barry Hempel would have been medically excluded from flying.

In August 2008 Ms Hare paid $495 for a joy flight for her de facto partner Ian Lovell, 35.

The plane, piloted by Barry Hempel, crashed into the sea near South Stradbroke Island on August 31, 2008, killing Mr Lovell, a lead animator, and Mr Hempel.

Samantha Hare reveals her depth of despair at losing her partner in plane crash

The claim alleges Dr Maxwell knew Mr Hempel had pre-existing medical conditions that made him unfit to pass as medically fit for flying, but did not inform Civil Aviation Safety Authority.

Dr Maxwell wrote a report to CASA in March 2006 saying Mr Hempel was medically fit and recommending he be cleared to fly, the claim says.

The claim, filed by Kerin Lawyers, says Mr Hempel suffered a serious head injury when a hangar door fell on his head in 2001 and he had to be ventilated in intensive care.

Dr Maxwell failed to answer CASA's questions about Mr Hempel's head injury, it is alleged.

In 2002 Mr Hempel lost consciousness on Dunk Island and later that year he was treated by ambulance officers for "a tonic clonic seizure'', but refused to go to hospital, the claim says.

It is alleged that in 2005 Dr Spall expressed his concerns about Mr Hempel's risk of epilepsy to Dr Maxwell, who allegedly did not notify CASA.

Dr Spall was aware of Mr Hempel's two medical events in 2002 and prescribed an anti-epilepsy drug after the second incident, the claim says.

Dr Spall did not tell CASA of his concerns that Mr Hempel had epilepsy and that he had been prescribed anti-epilepsy medication, it is alleged.

In February, 2005, Dr Spall completed a medical examination report that failed to indicate Mr Hempel had suffered fits, faints or funny turns or used prescription medication, the claim says.

Ms Hare suffered nervous shock and emotional distress when told the plane had crashed into the sea, the claim says.

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Ms Hare, who had planned a future with Mr Lovell, suffers from depression, anxiety, emotional vulnerability and symptoms ``akin to post traumatic stress disorder'', the claim says.

She has been unable to continue her career as a social worker.

Dr Maxwell and Dr Spall are yet to file defences to the claim.

A coronial inquest into the deaths of Mr Lovell and Mr Hempel has concluded but the coroner is yet to deliver findings.

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Originally published as Why was this man allowed to fly?