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

Tag Archives: care

Extensions of Time: Court of Appeal find a way to make sense of section 41 Limitation Act (Barr v Farrell)

Posted in Case Summary
On 10 September 2014 the Court of Appeal, by a majority of 2 to 1, upheld appeal against a decision by Judge Bowden in the District Court rejecting the applicant’s request for an extension of time in which to bring claim under Section 41 of the Limitation Act 2005. As I have commented previously, such section on its… Continue Reading

Implanon Litigation Continues

Posted in Case Summary
 I was interested to see the recent NSW decision in Hollier v Sutcliffe [2010] NSWSC 279, delivered on 23 April 2010.   The case concerned alleged side-effects following insertion of an Implanon device in October 2006. Some years ago, there was a spate of litigation associated with this contraceptive device, primarily related to failures of… Continue Reading

Duty owed by rehabilitation provider to injured worker

Posted in Case Summary
  In a recent District Court decision by Judge Davis, an interesting issue as to the obligations owed by a rehabilitation provider to an injured worker were explored.  The Decision, Lines v Workfocus Australia Pty Ltd [2009] WADC 203, delivered on 23 December 2009 confirmed, though it appears this may have been something conceded by the Defendant, that… Continue Reading

Personal Responsibility + Society’s “Parenting” Role

Posted in Case Summary, Contemporary Medicine
Again, slightly off topic, though the broader consequences apply in a healthcare context. Read with interest the Editorial in the Weekend Australian yesterday about the High Court’s recent decision, with the less than informative name, C.A.L. No 14 Pty Ltd v Motor Accidents Insurance Board [2009] HCA 47. The facts in the case were simple: the… Continue Reading

Patient Responsibility – International Differences Highlighted by Recent Case

Posted in Case Summary, Causation Issues, Contributory Negligence, Overseas Cases
I was interested to read recent news reports concerning a case decided in Canada. An Indian/Canadian man, Mr Kahlong was awarded CAD $5 million in a claim against a Hospital in Vancouver. According to news reports, Mr Kahlong who was 41 years of age suffered from low back pain for which he was referred for… Continue Reading