West Australian Medical Negligence Law Blog

West Australian Medical Negligence Law Blog

Insights On Medical Negligence Issues From The Perth Area And Throughout Australia

I have been a lawyer for 21 years, during which time I have predominantly represented injured people in pursuing compensation claims. In the last 10 - 15 years, I have focused on medical malpractice / medical negligence law and particularly claims arising from negligent medical care. Read more

Category Archives: Causation Issues

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Mules v Ferguson: peer defence overturned + patient wins!

Posted in Case Summary, Causation Issues
I read with interest the Queensland Court of Appeal’s recent decision in relation to this matter. The Court of Appeal by a 2:1 majority overturned the trial judge’s earlier rejection of this medical negligence claim. The case involved allegations of negligence against a general practitioner for failing to refer a patient ultimately found to suffer… Continue Reading

Paul v Cooke – High Court rejects timing difference as enough to prove causation

Posted in Case Summary, Causation Issues, Failure to Warn
The High Court recently dismissed the special leave application brought in this case by Ms Paul, seeking to overturn the New South Wales Court of Appeal’s decision rejecting her claim. As may be known, the case concerned a delay in diagnosis of an intracranial aneurysm suffered by Ms Paul. She underwent a head CT Scan… Continue Reading

Another Failure to Warn case lost (Odisho v Bonazzi [2014] VSCA 11)

Posted in Case Summary, Causation Issues, Failure to Warn
The Victorian Court of Appeal delivered its decision in relation to the Appeal in this case on 18 February 2014.  The Court of Appeal unanimously agreed to dismiss Ms Odisho’s appeal against the Trial Judge’s dismissal of her claim. The case concerned an alleged failure to warn Ms Odisho of a very rare risk of… Continue Reading

Delay in diagnosis of Cancer: Compensation post Gett

Posted in Cancer Cases, Causation Issues, Contemporary Medicine, Our Cases
One of the most emotionally demanding, complex and ultimately, often rewarding categories of case handled by medical negligence lawyers, are those cases arising from a negligent delay in diagnosis of cancer. At any one time, I am generally acting in 4 or 5 such cases. Following the High Court’s decision earlier this year, in Tabet… Continue Reading

Ellis Argued – now we wait!

Posted in Case Summary, Causation Issues
The High Court has now heard argument concerning this important (potentially ground breaking) decision and we are now in the Court’s hands, for their decision. The transcript of argument can be found here.  Although reading the transcript is not the same as hearing 1st hand, it seems Bret Walker SC had a torrid time, at… Continue Reading

A Balance of Probabilities does NOT mean >50% (at least in NSW)

Posted in Cancer Cases, Case Summary, Causation Issues, Loss of a Chance
Further to an earlier post, the New South Wales Court of Appeal has recently delivered its decision concerning the appeal in relation to Ms O’Gorman’s delay in diagnosis of breast cancer claim. Tragically in the period between the initial decision in her favour and this appeal, Ms O’Gorman died from her metastatic breast cancer.  … Continue Reading

Patient Responsibility – International Differences Highlighted by Recent Case

Posted in Case Summary, Causation Issues, Contributory Negligence, Overseas Cases
I was interested to read recent news reports concerning a case decided in Canada. An Indian/Canadian man, Mr Kahlong was awarded CAD $5 million in a claim against a Hospital in Vancouver. According to news reports, Mr Kahlong who was 41 years of age suffered from low back pain for which he was referred for… Continue Reading

Gett -v- Tabet – Loss of a Chance of a Better Medical Outcome – is it Lost?

Posted in Case Summary, Causation Issues, Loss of a Chance
I recently gave some thought (amongst other things, I had to, I had agreed to present a paper on the topic…),  as to what this recent Court of Appeal decision in New South Wales is going to mean in the medium term for claims in Western Australia.  It seems likely the period before the High Court gets its say, will be… Continue Reading