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

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Court of Appeal open the door (a little..) for old obstetric hospital claims.

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… Continue Reading

Urgent Alert: Time Running very short for Birth Injury claims….

Posted in Obstetrics

 Further to my earlier post, time is now extremely short for birth injury claims, for children born before Nov 2005. As I have previously posted, the Limitation Act 2005, retrospectively (and without any publicity) shortened the time for claims relating to alleged negligent obstetric (or midwifrey) care, prior to its introduction in November 2005. Before… Continue Reading

Obstetric Cases: The Clock is Ticking…..

Posted in Obstetrics

As most lawyers practising in med neg in Perth will know, a specific provision was inserted in the 2005 Limitation Act, setting new time limits for child-birth injury claims in Western Australia. Apart form setting a new scheme for children born after 2005, the then labour government did medical insurers a very great favour, by… 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

Suppression Order about Awful Doctor’s ID

Posted in Case Summary, Contemporary Medicine, Gynecology (or Gynaecology!), Obstetrics

It was interesting to read the Sunday Times newspaper’s, front page article a week ago in relation to the unnamed obstetrician/ gynaecologist recently struck off from practise in Western Australia.  I was particularly interested to read the newspapers’ editorial column concerning their strong view that the ongoing suppression order, prohibiting publication of the particular Doctors details,… Continue Reading