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: settlement

An example of the dangers of self-representation

Posted in Case Summary
My impression is that there has been an increase in recent times of cases presented before our District Court in which claimants have represented themselves, without a lawyer. A sobering example of the dangers of this course, is the New South Wales Supreme Court’s recent decision in Fan -v- South Eastern Sydney Local Health District (No. 3) [2015] NSWSC 1620.… 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

Are Medical Negligence Trials Facing Extinction?

Posted in Our Cases
Interestingly, I have, in the last 6 to 12 months noted a drop in the number of medical negligence and other personal injury claims proceeding to trial (it has to be said with some personal frustration/disappointment). Traditionally my advice to clients has been that, if they obtain a supportive expert opinion critical of the care… Continue Reading

What makes a Good Settlement = more than just $

Posted in Our Cases
An interesting recent case has illustrated (again) that the merits of a settlement, can often involve more than just a question of the overall total settlement sum agreed to be paid. Upon settlement of medical negligence (and other personal injury) claims, there are a series of standard potential deductions from our client’s total settlement figure,… Continue Reading