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: time

Time Limit for a Medical Negligence Claim: Court of Appeal generous as to extensions

Posted in Case Summary
Western Australia’s Court of Appeal in its decision AME Hospitals PTY, Limited v. Dixon [2015] WASCA 63, delivered on 27 March 2015, confirmed, particularly relevantly in the medical negligence claims area, significant scope for persons to bring claim outside the basic 3-year time limit for such claims arising since November 2005 and the introduction of the Limitation… Continue Reading

Extensions of Time: Court of Appeal find a way to make sense of section 41 Limitation Act (Barr v Farrell)

Posted in Case Summary
On 10 September 2014 the Court of Appeal, by a majority of 2 to 1, upheld appeal against a decision by Judge Bowden in the District Court rejecting the applicant’s request for an extension of time in which to bring claim under Section 41 of the Limitation Act 2005. As I have commented previously, such section on its… Continue Reading

Obstetric Cases: The Clock is Ticking…..

Posted in Obstetrics
As most lawyers practising in med neg in Perth will know, a specific provision was inserted in the 2005 Limitation Act, setting new time limits for child-birth injury claims in Western Australia. Apart form setting a new scheme for children born after 2005, the then labour government did medical insurers a very great favour, by… Continue Reading