Insights On Medical Negligence Issues From The Perth Area And Throughout Australia
Makaroff v Nepean Blue Mountains Local Health District is a recent NSWCA medical negligence decision.
Most of the decision involves a re-examination and somewhat surprisingly, a different conclusion as to liability on the part of the health service, with the CoA finding in the patient’s favour (by a 2:1 majority). The majority found that hospital…
Ellis v East Metro Health Service [2018] WADC 91
I read with interest the latest instalment in Judge Gething’s decisions in relation to this contentious birth injury case. The substantive decision in the plaintiff’s favour is working its way at present to the Court of Appeal. It will be interesting to see what our CoA…
In the decision Espinos v Popovic published by Judge Braddock on 8 August 2018, the run of successes by plaintiffs in medical negligence claims continued. Her Honour awarded damages to Mr Espinos in his claim against deceased neurosurgeon, Emile Popovic, in the sum of $4,817,311.
These are very high damages for a claim for…
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…
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 UK has recently altered its position in relation to the important question of a doctor’s obligations to warn their patients concerning risks of treatment.
Preceding the decision in Montgomery v. Lanarkshire Health Board [2015] UKSC 11, delivered on 11 March 2015, the UK had long maintained its acceptance of the so-called Bolam principle, reiterated…
I read with interest the Queensland Court of Appeal’s recent decision in relation to this matter. The Court of Appeal by a 2:1 majority overturned the trial judge’s earlier rejection of this medical negligence claim.
The case involved allegations of negligence against a general practitioner for failing to refer a patient ultimately found to suffer…
The High Court recently dismissed the special leave application brought in this case by Ms Paul, seeking to overturn the New South Wales Court of Appeal’s decision rejecting her claim.
As may be known, the case concerned a delay in diagnosis of an intracranial aneurysm suffered by Ms Paul. She underwent a head CT Scan…
The Victorian Court of Appeal delivered its decision in relation to the Appeal in this case on 18 February 2014. The Court of Appeal unanimously agreed to dismiss Ms Odisho’s appeal against the Trial Judge’s dismissal of her claim.
The case concerned an alleged failure to warn Ms Odisho of a very rare risk of…
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 …
