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

Tag Archives: Appeal

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

video transcripts?

Posted in Our Cases
 I have recently read several District Court decisions, in which very firm adverse findings have been made against Plaintiffs.   These outcomes and recent experiences on the hearing of a couple of appeals, when in my view, understandably, it was clear the Court of Appeal had difficulty appreciating the tone of evidence given at trial, lead… Continue Reading

Le Brun v Joseph – another Appeal lost…

Posted in Case Summary
For the 3rd time in so many months, the Court of Appeal has dismissed a Plaintiff’s appeal in relation to a medical negligence claim.  This time in the matter of Le Brun v Joseph + Or [2010]. WASCA 52, delivered on 24 March 2010. This decision follows on the heels of the Court of Appeal’s decision in McLennan… Continue Reading

Hammond -v- Heath – claim fails (again) on appeal

Posted in Case Summary
 The year has not got off to a good start for Plaintiffs in medical negligence claims in our Court of Appeal. In Hammond v Heath [2010] WASCA 6, the Court of Appeal on 19 January 2010 dismissed Mr Hammond’s appeal against the District Court Judge’s finding, rejecting his medical negligence claim against Dr Heath and Dr Heath’s… Continue Reading

Failure to Warn – another Warning (about how difficult these cases are)

Posted in Case Summary, Failure to Warn
Reading the recent West Australian Court of Appeal decision in Gingin -v- Coomb [2009] WASCA 92, handed down last month.  This was a case concerning a catastrophically injured young man who suffered injury when he lost control of his trail-bike when riding it in a designated off-road recreational area, near Lancelin, a beach side town… 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