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

Category Archives: Case Summary

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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

Medicine (and diagnosis) still ‘first and foremost’ for doctors + not the internet!!

Posted in Case Summary, Contemporary Medicine
Thanks to the Australian Lawyers Alliance’s weekly newsletter to members, for bring this recent case to my attention: Australian Associated Motor Insurers Ltd v Motor Accidents Authority of NSW [2010] NSWSC 833 (30 July 2010), is a recent case in which the NSW Court of Appeal per Barr AJ overturned a damages claim of more than $335,000… Continue Reading

Implanon Litigation Continues

Posted in Case Summary
 I was interested to see the recent NSW decision in Hollier v Sutcliffe [2010] NSWSC 279, delivered on 23 April 2010.   The case concerned alleged side-effects following insertion of an Implanon device in October 2006. Some years ago, there was a spate of litigation associated with this contraceptive device, primarily related to failures of… 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

Hammond -v- Heath – claim fails (again) on appeal

Posted in Case Summary
 The year has not got off to a good start for Plaintiffs in medical negligence claims in our Court of Appeal. In Hammond v Heath [2010] WASCA 6, the Court of Appeal on 19 January 2010 dismissed Mr Hammond’s appeal against the District Court Judge’s finding, rejecting his medical negligence claim against Dr Heath and Dr Heath’s… Continue Reading

Duty owed by rehabilitation provider to injured worker

Posted in Case Summary
  In a recent District Court decision by Judge Davis, an interesting issue as to the obligations owed by a rehabilitation provider to an injured worker were explored.  The Decision, Lines v Workfocus Australia Pty Ltd [2009] WADC 203, delivered on 23 December 2009 confirmed, though it appears this may have been something conceded by the Defendant, that… Continue Reading

Asher-Relf -v- Min for Health – no time extension for pre-05 birth cases

Posted in Case Summary, Cerebral Palsy, Obstetrics, Our Cases
 In this decision delivered by Judge Stevenson of the District Court on 23 December 2009, Judge Stevenson concluded that he had no power to extend the time for commencement of a claim under the 2005 Limitation Act, in relation to a child born prior to such Act’s commencement. The case, in which I am involved… Continue Reading

Hernia Case Fails (Lentzner -v- Baumwol)

Posted in Case Summary, Failure to Warn
 Judge Davis of the District Court rejected Ms Lentzner’s medical negligence claim against general surgeon, Max Baumwol, delivering her decision on 6 November 2009. Ms Lentzner’s claim alleged that Mr Baumwol was negligent in the manner in which he sought to perform repair of bilateral inguinal hernias in 2003.  For an explanation of surgery (albeit… Continue Reading

Court of Appeal reject Davy Appeal

Posted in Case Summary
 The Court of Appeal delivered its decision on 7 Oct 09, rejecting the losing patient’s appeal against District Court Judge Wager’s decision, dismissing her claim at trial.  The lead decision was delivered by Justice Newnes, with whom the 2 other members of the Court agreed. The case concerned alleged negligent medical care following Ms Davy… 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

Ellis Argued – now we wait!

Posted in Case Summary, Causation Issues
The High Court has now heard argument concerning this important (potentially ground breaking) decision and we are now in the Court’s hands, for their decision. The transcript of argument can be found here.  Although reading the transcript is not the same as hearing 1st hand, it seems Bret Walker SC had a torrid time, at… Continue Reading

another warning about facebook entries!

Posted in Case Summary
We have no doubt all seen or heard stories about ill-advised Facebook and other social networking posts.  Well another to add to this, on this occasion via a recent District Court decision of Keen DCJ in Barford -v- Bini [2009] WADC 152, delivered on 6 Oct 2009. In this case, a motor vehicle accident claim,… Continue Reading