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NSW Court of Appeal – more uncertainty about peer practices!

By Julian Johnson on June 4, 2021
Posted in Case Summary, Failure to Warn

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…

Peer Defence: Bolam + the Civil Liability Act – Experiences in Practice

By Julian Johnson on March 27, 2011
Posted in Contemporary Medicine

 I read with interest an article in the MJA earlier this month, which comments on the status of the ‘peer defence,’ introduced, in WA, via the Civil Liability Act section 5PB(1).  This section, provides that:

An act or omission of a health professional is not a negligent act or omission if it is in accordance with

…

About the Author

Photo of Julian JohnsonJulian JohnsonAttorney

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…

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.

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