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: Court

The Humble Hot Chip!

Posted in Case Summary
As yet further proof that the most humble of circumstances can be made complex by the Law, the High Court recently (7 March 2012) handed down its decision in the “Big W hot chip case” (Strong v Woolworths [2012] HCA 5). The case concerned a claimant, the aptly named (given the need to litigate her… Continue Reading

Medical Experts: Duty to the Court Reminder..

Posted in Case Summary
I gave a talk a couple of weeks ago for the College of Surgeons, highlighting the key principles governing the obligations owed by medical and other expert witness’ to the court + set out in the District Court of Western Australia’s Code of Conduct.  Emphasis was placed upon the trust and reliance the Court places… 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

Amaca -v- Ellis – An Anticlimax?

Posted in Case Summary
 The High Court delivered its much anticipated decision in this case on 3 March 2010.  I have to say my impression is a sense of anticlimax… As I have said in an earlier post, this case was seen amongst some (including me!) as providing an opportunity for the High Court to provide useful guidance as… Continue Reading

Personal Responsibility + Society’s “Parenting” Role

Posted in Case Summary, Contemporary Medicine
Again, slightly off topic, though the broader consequences apply in a healthcare context. Read with interest the Editorial in the Weekend Australian yesterday about the High Court’s recent decision, with the less than informative name, C.A.L. No 14 Pty Ltd v Motor Accidents Insurance Board [2009] HCA 47. The facts in the case were simple: the… 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