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: Failure to Warn

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Paul v Cooke – High Court rejects timing difference as enough to prove causation

Posted in Case Summary, Causation Issues, Failure to Warn
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… Continue Reading

Another Failure to Warn case lost (Odisho v Bonazzi [2014] VSCA 11)

Posted in Case Summary, Causation Issues, Failure to Warn
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… Continue Reading

Wallace v Kam: a landmark case on failure to warn of possible surgical risk

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 succeed… 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

Failure to Warn – another Warning (about how difficult these cases are)

Posted in Case Summary, Failure to Warn
Reading the recent West Australian Court of Appeal decision in Gingin -v- Coomb [2009] WASCA 92, handed down last month.  This was a case concerning a catastrophically injured young man who suffered injury when he lost control of his trail-bike when riding it in a designated off-road recreational area, near Lancelin, a beach side town… Continue Reading

BreastScreen – Litigation about Screening Mammograms

Posted in Cancer Cases, Case Summary, Failure to Warn
I noticed via a recent news release, that 2 Queensland women are pursuing medical negligence claims via Maurice Blackburn, Lawyers, against BreastScreen Queensland. This follows the O’Gorman case in Sydney in late 2008. In that case Ms O’Gorman was successful against the New South Wales equivalent, BreastScreen NSW, which was found negligent in relation to… Continue Reading