To complete the journey, can confirm that the special leave argument on this case, mentioned in earlier posts, was dismissed by the High Court on 16 August 2013. The court did not required counsel for the respondent to make oral submissions… Clearly they believe the Court of Appeal got it right..
Case Summary
Bariatric Surgery Case fails on appeal: house of cards falls..
By Julian Johnson on
Posted in Case Summary
In Varipatis v. Almario [2013] NSWCA 76, the New South Wales Court of Appeal reversed the trial judge’s finding in favor of an obese patient alleging negligence on the part of his general practitioner in failing to refer him for weight loss surgery.
The trial decision, which on any assessment was generous to the plaintiff…
Key New Medical Negligence Case Decisions – no good news for plaintiffs!
By Julian Johnson on
Posted in Case Summary, Failure to Warn
After what I have felt has been a slow start to year, in terms of important medical negligence case law, 2 important decisions in 2 days…
On Monday, as reported, the NSW Supreme Court delivered the long awaited (it seems 15 months from trial to decision) decision in Waller v James, the equally unfortunate…
Trials Can be a Harrowing (and inappropriate) Experience!
By Julian Johnson on
Posted in Case Summary
I read with interest + sadness, the recent decision by Williams DCJ in Lane v Northern NSW Local Health District [2013] NSWDC 12.
The case concerned allegations by 2 daughters of mis-management of their elderly mother, at 2 NSW hospitals. Tellingly, their father did not support their allegations and gave evidence expressing gratitude for the…
Court of Appeal open the door (a little..) for old obstetric hospital claims.
By Julian Johnson on
Posted in Case Summary, Obstetrics
On 14 December 2012 the Court of Appeal upheld an appeal in the claim brought by Tahlia Burns against King Edward Memorial Hospital (formally the Minister for Health), alleging negligent obstetric care at the time of her birth in April 2004.
Tahlia’s claim had previously been dismissed by the District Court as being out of…
unnecessary dental treatment/over-servicing – tough line in new decision
By Julian Johnson on
Posted in Case Summary
A recent NSW case Dean v Phung [2012] NSWCA 223 raises interesting issues in a case of over-servicing/recommending unnecessary treatment. This seems an increasingly common suspicion/temptation with some areas of ‘elective’ medicine/dental treatment.
The facts in the case were awful!! The defendant left no stone or ‘tooth’ unturned – performing treatment on every single tooth…
Wallace v Kam: a landmark case on failure to warn of possible surgical risk
By Julian Johnson on
Posted in Case Summary, Failure to Warn
The NSW Court of Appeal, on 13 April 2012 handed down its decision in relation to Mr Wallace’s claim against neurosurgeon Dr Kam. The case sought to challenge the accepted position in relation to failure to warn cases. Following the High Court’s decision in Rosenberg v Percival, it has generally been accepted that to…
Jordan v Lee – neurosurgery case dismissed
By Julian Johnson on
Posted in Case Summary
This much anticipated decision was delivered by Judge Goetze on 25 May 2012. As widely expected, Judge Goetze found in neurosurgeon Michael Lee (and paediatric oncologist Dr Baker’s favour) and dismissed Daniel Jordan’s claim.
The case is interesting as it raised the question of the obligations upon a surgeon (or other medical practitioners) to advise…
Can ‘latent’ medical injury claims that were time barred before November 05 be brought now?
By Julian Johnson on
Posted in Case Summary, Our Cases
Just a short note that argument has taken place before Judge Schoombee in relation to this question, in the matter of Lola Phillips v Min for Health. As expected Judge Schoombee reserved her decision..
The key facts in the case are:
1) Lola was born in March 2002, and was born with congenitally dislocated…
Nathan Bracken: high profile medical negligence claim
By Julian Johnson on
Posted in Case Summary
I note recent reports confirming that Nathan Braken, who played 116 1 day internationals for Australia, has made a claim against Cricket Australia, alleging a negligent failure on its employed medical and physio staff, to appreciate he required knee surgery, after an injury during a game against England in 2007.
It is alleged that an…