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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video transcripts?

Posted in Our Cases

 I have recently read several District Court decisions, in which very firm adverse findings have been made against Plaintiffs.   These outcomes and recent experiences on the hearing of a couple of appeals, when in my view, understandably, it was clear the Court of Appeal had difficulty appreciating the tone of evidence given at trial, lead… 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

State Tribunal Grant Surgeon a Professional Lifeline

Posted in Case Summary, Our Cases

Recent media releases have publicised our State Administrative Tribunal’s recent decision, granting Dr Michael McGushin, former Kalgoorlie surgeon, a career lifeline, despite finding that he was grossly careless in his care of several patients, 1 of whom at least, died as a result. Judge Chaney accepted that McGushin’s gross carelessness was not due to technical… Continue Reading

Surgery-Tourism – the Pitfalls?

Posted in Contemporary Medicine, Cosmetic Surgery (and Other Treatment), Our Cases

We are presently acting for a young women who paid $1,000s for cosmetic breast surgery in a well known Asian holiday destination, only for a terrible outcome. This idea of "cosmetic surgery-tourism" seems on the increase, which I think is worrying.  My concerns are reinforced given the independent plastic surgeon’s advice we have now received… Continue Reading

Why Early Settlement Still Remains a Good Idea (only)

Posted in Cosmetic Surgery (and Other Treatment), Gynecology (or Gynaecology!), Our Cases

Musing on a claim that I settled a week or so ago. The matter was settled within 45 minutes, via pre-trial settlement discussions at Court supervised mediation.  The claim concerned complications following a hysterectomy. The allegations of negligence related to the gynaecologist’s failure to discuss alternatives to hysterectomy for control of our client’s pre-menopausal heavy periods.… Continue Reading