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: cancer

delay in cancer diagnosis: consequences unpredictable

Posted in Cancer Cases, Contemporary Medicine, Our Cases
I read with interest recent medical literature, reporting on research at Johns Hopkins, emphasising the role of a 3rd factor in cancer incidence. Debate has traditionally focussed on the ‘environmental -v- hereditary’ nature of many cancers.  New research, as reported, has confirmed that ‘luck,’ bad or otherwise, appears to be an even more important factor.  Random… Continue Reading

Settlement of medical negligence claims (part 2)

Posted in Our Cases
 Following on from my earlier post, because of the uncertainty that remains as to when a settlement becomes binding, if there is urgency, the uncertainty should be removed by express agreement. This is illustrated by a case resolved a month or so ago for a 59 year-old woman tragically suffering from terminal cancer. Her claim… Continue Reading

The Radiologist + GP: Communication with the Patient

Posted in Cancer Cases, Contemporary Medicine, Our Cases
I recently came across an interesting article in a medical insurance journal, discussing the responsibilities of a radiologist to ensure communication of important x-ray or other radiology test results.  The conclusion of the article was that the radiologist has responsibility for prompt first-hand communication with the referring GP, but the article stopped short of suggesting… 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

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

BreastScreen – Litigation about Screening Mammograms

Posted in Cancer Cases, Case Summary, Failure to Warn
I noticed via a recent news release, that 2 Queensland women are pursuing medical negligence claims via Maurice Blackburn, Lawyers, against BreastScreen Queensland. This follows the O’Gorman case in Sydney in late 2008. In that case Ms O’Gorman was successful against the New South Wales equivalent, BreastScreen NSW, which was found negligent in relation to… Continue Reading