As part of the process of interviewing for a new solicitor to join the firm, I have reflected on the types of case we have recently been instructed in and those areas of medicine that are emerging as fertile areas for claim. Traditionally, major repeat areas of work continue to be gynaecology, GP care, neurosurgery
time limits for latent medical claims (and other personal injuries) ARE retrospectively now set by 2005 Law
As a post-script to my post a couple of weeks ago, I confirm that Judge Schoombee has handed down her decision in Lola Phillips’ case.
This confirms that whether or not negligent care was before or after the Law change in November 2005, the date from which time to make claim starts to run is…
Can ‘latent’ medical injury claims that were time barred before November 05 be brought now?
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…
Lap Band Surgery + Alternatives: The Risks + Benefits
Working yesterday and today on a very tragic case for the family of a young women who died after weight-loss surgery, in 2007.
The women underwent a sleeve gastrectomy, one of the 2 most common forms of weight-loss (or bariatric) surgery, performed in Australia today.
While working on the case, I thought it worth sharing…
Damages for Home Services
I came across an interesting point today, while working on a tragic case arising from the death of a relatively young women, who’s son suffers from (and prior to her death suffered from) a serious mental illness.
Following the women’s death (which we allege was caused by negligent medical care), claim is made on behalf…
What makes a Good Settlement = more than just $
An interesting recent case has illustrated (again) that the merits of a settlement, can often involve more than just a question of the overall total settlement sum agreed to be paid.
Upon settlement of medical negligence (and other personal injury) claims, there are a series of standard potential deductions from our client’s total settlement figure…
The Radiologist + GP: Communication with the Patient
I recently came across an interesting article in a medical insurance journal, discussing the responsibilities of a radiologist to ensure communication of important x-ray or other radiology test results. The conclusion of the article was that the radiologist has responsibility for prompt first-hand communication with the referring GP, but the article stopped short of suggesting …
Does a Doctor have a duty to inform of Disciplinary Action/Restrictions?
Working this afternoon on a claim for a client who suffered serious complications as a consequence of gynae surgery, performed by a surgeon who has recently (and previously) been the subject of disciplinary action by the (now defunct) State Medical Board.
National Health Professionals Regulation
A couple of weeks ago I attended a CPD presentation dealing with the new scheme for National Registration + Regulation of the majority of the health professions. It is beyond doubt that this is a good idea, in terms of consistency of practice registration.
One interesting aspect of the reforms that I was not previously…
Delay in diagnosis of Cancer: Compensation post Gett
One of the most emotionally demanding, complex and ultimately, often rewarding categories of case handled by medical negligence lawyers, are those cases arising from a negligent delay in diagnosis of cancer. At any one time, I am generally acting in 4 or 5 such cases.
Following the High Court’s decision earlier this year, in Tabet…