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…
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…
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…
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…
I note with interest the Court of Appeal’s decision in Nigam v Harm [2011] WASCA 211.
Whilst a case concerning a negligence action against a firm of solicitors, the important aspects of the case predominantly related to medical negligence claims.
It was alleged the relevant firm of solicitors had been negligent in failing to:…
Maintaining the sobering record of Plaintiff claims based on informed consent, is a recent South Australian case, Coombes v Katsaros [2011] SADC 93.
The claim concerned alleged complex regional pain syndrome ("CRPS") said to have arisen following hand surgery.
The key to the Plaintiff’s claim was his assertion that he ought to have been warned…
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…
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…
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 a screening mammogram. Ms O’Gorman had breast cancer that should have been identified. By the time it was, her cancer had progressed. At the time of trial, she was given only a very short period to live.
As with O’Gorman, these new cases appear to arise from routine breast screening mammograms being read as normal, when it is alleged they were abnormal. In 1 of the 2 women’s cases, the delay in identification and treatment is alleged to have resulted in spread of her cancer such that she has been given 2 years to live.
Continue Reading BreastScreen – Litigation about Screening Mammograms
