Insights On Medical Negligence Issues From The Perth Area And Throughout Australia
Following on from my earlier post, because of the uncertainty that remains as to when a settlement becomes binding, if there is urgency, the uncertainty should be removed by express agreement. This is illustrated by a case resolved a month or so ago for a 59 year-old woman tragically suffering from terminal cancer.
Her claim…
I have recently had a couple of cases raising this issue, which arises from time to time, of when does a settlement actual become final + binding (so neither party can withdraw). I will cover the issues in 2 separate blog posts.
The first case involved a relatively modest settlement of a plastic surgery related case…
Interested talk at the recent annual ALA medical negligence conference in Sydney at which a stroke expert discussed the recently published large study of stroke treatment outcomes.
Such study clearly demonstrated the benefits, in terms of survival chances, of giving patients of any age thrombolytic treatment, if attending:
…
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…
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…
I note recent reports confirming that Nathan Braken, who played 116 1 day internationals for Australia, has made a claim against Cricket Australia, alleging a negligent failure on its employed medical and physio staff, to appreciate he required knee surgery, after an injury during a game against England in 2007.
It is alleged that an…
As most lawyers practising in med neg in Perth will know, a specific provision was inserted in the 2005 Limitation Act, setting new time limits for child-birth injury claims in Western Australia.
Apart form setting a new scheme for children born after 2005, the then labour government did medical insurers a very great favour…
