I today presented a paper at conference providing a review of 10 recent Australian medical law cases since January 2016, which I found interesting.

Cases reviewed were: Coote, Bigg, Morocz, Westcott, Martin, Pierce, Sorbello, McManus and Stefanyszyn and Wright.

Although only a single Judge decision, I particularly noted the WA District Court Judge Sweeney’s decision in Wright v Minister for Health [2016] WADC 93, which is an interesting [if long] read as to the approach in considering a peer defence, under the Civil Liability legislation.

Apart from this case, I have not seen a case discussing what sort of evidence should be lead to establish a¬†relevant practice is ‘widely accepted by the health professional’s peers as competent professional practice‘ (section 5PB(1)).

It supports my view that this should require more than : (A) an expert saying they think they know what their peers ‘widely accept;’ or (B) an expert saying he has asked a few colleagues and they agree that what was done was competent practice!

Anyone who would like a copy of the article, email me at julianj[at]jjlaw.com.au