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…
Interestingly, I have, in the last 6 to 12 months noted a drop in the number of medical negligence and other personal injury claims proceeding to trial (it has to be said with some personal frustration/disappointment).
Traditionally my advice to clients has been that, if they obtain a supportive expert opinion critical of the care…
Happy new year to all!
As can be gathered, my resolution about more regular blog posts, has already gone by the by..
Anyhow, while recharging over the Christmas break, I came across the following article which interested me and takes the often held comparison between health care and the aviation industry, a step further…
Who would…
On 14 December 2012 the Court of Appeal upheld an appeal in the claim brought by Tahlia Burns against King Edward Memorial Hospital (formally the Minister for Health), alleging negligent obstetric care at the time of her birth in April 2004.
Tahlia’s claim had previously been dismissed by the District Court as being out of…
Thanks to my friend + colleague Bill Madden for his interesting report on the most recent report as to incidence of medical negligence litigation in Australia – see here for his report.
As this shows, the number of claims is relatively stable and very modest indeed. As no doubt Bill would agree, this report …
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…
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.
Before…
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…
I have often been asked at presentations I have given for health professionals, what is the single step they can take which will reduce their chances of facing a claim of medical negligence.
My answer has been the same for 10 + years.
It is surprising how many clients I see, who apart…
