A recent NSW case Dean v Phung [2012] NSWCA 223 raises interesting issues in a case of over-servicing/recommending unnecessary treatment. This seems an increasingly common suspicion/temptation with some areas of ‘elective’ medicine/dental treatment.

The facts in the case were awful!! The defendant left no stone or ‘tooth’ unturned – performing treatment on every single tooth

 The Limitation Act 2005 came into effect in Nov 2005.  Surprisingly, for non-lawyers anyway, there remains a fair amount of uncertainty as to such new scheme’s effect in several important respects, particularly:

  • in terms of the time for claims alleging medical negligence.  This uncertainty is not as to the overall time (which in most case

 If I had to pick one legislative provision which has resulted in more gross unfairness than any other, over the period of my career, its a ‘no-brainer:’ section 47A of the Limitation Act 1935.

Section 47A in the context I have seen it most regularly, set a time limit for claims to be made against public

 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.