I recently attended the AvMA conference in the UK. AvMA is one of the UK’s peak bodies in medical negligence (or clinical negligence as they call it), law. I would recommend the conference to anyone working in this area on the patient side. Although there are inevitable differences, there is considerable overlap and perhaps warning… Continue Reading
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Forget CSI … the humble smartphone: the medical lawyers new best friend!
Posted in Contemporary Medicine, Our CasesIt is an old saying that a picture is worth a thousand words. In the last week or so I have been reminded of this and the forensic usefulness of the modern era of smartphones and particularly phone cameras. In the last week, on 2 entirely separate substantial claims we are investigating, smartphone-based photographs provide… Continue Reading
The Costs of Medical Tourism
Posted in Cosmetic Surgery (and Other Treatment), Our Cases, UncategorizedI noticed with interest and some concern, recent media attention (see for example and a Herald Sun story in mid-May) concerning the number of Australians travelling to Asia to undergo cosmetic surgery. According to a recent report, this may be 15,000 patients a year. Concerns have arisen at the costs then borne by Medicare for remedial… Continue Reading
Public Hospital Restructure (again!)
Posted in Contemporary Medicine, Our CasesIt is no doubt my age.. but I have an acute sense of deja vu! As from 1 July 2016, we have ‘reverted’ to the old scheme of Boards of Management running our major hospitals (and geographic areas). See the Health Services Act 2016 + the 30 June 16 Government Gazette. The consequence, if I… Continue Reading
Caesarian v Natural Delivery : the debate continues
Posted in Contemporary MedicineI read with interest the recent article in The Guardian provided an update as to the ever escalating rate of cesarean section births in Australia. The article makes all of the well-known [predictable?] arguments in favor of natural delivery. It is true, the divergence between cesarean section rates in Australia and the World Health Organization’s… Continue Reading
UK adopts Rogers + ‘patient driven’ test about risks disclosure for medical treatment
Posted in Case Summary, Cerebral Palsy, Contemporary MedicineThe UK has recently altered its position in relation to the important question of a doctor’s obligations to warn their patients concerning risks of treatment. Preceding the decision in Montgomery v. Lanarkshire Health Board [2015] UKSC 11, delivered on 11 March 2015, the UK had long maintained its acceptance of the so-called Bolam principle, reiterated… Continue Reading
Botox + Dermal Fillers (+ IPL) – they may be more dangerous than you think!
Posted in Cosmetic Surgery (and Other Treatment), Our CasesWe have recently agreed to act on behalf of a client who has suffered significant irreparable facial scarring/disfigurement as a consequence of dermal fillers, she underwent earlier this year @ a slick, web-advertising, brochure wielding, ‘wellness’ clinic in Perth’s metro area (can’t you just picture the ‘world muzac’/running water + Buddha heads!). We have now… Continue Reading
Doctors Obligation to Disclose Practice Restrictions
Posted in Contemporary MedicineAs has been widely reported we recently acted on behalf of the family of Julienne McKay-Hall the woman who tragically died following weight loss surgery. As reported, the Coroner’s findings are a scathing condemnation of both the relevant surgeon Dr Ahmad’s care and that of nursing staff at St John of God Hospital in Murdoch.… Continue Reading
Cheesecakes + Hospitals
Posted in Contemporary MedicineHappy 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… Continue Reading
Incidence of Medical Negligence Claims in Australia: Update
Posted in Contemporary MedicineThanks 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 tells only part… Continue Reading
Stroke Treatment: New Research sets longer timeframes
Posted in Contemporary MedicineInterested 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: less than 3 hours after stroke onset;… Continue Reading
Home birth + Free Choice..
Posted in Contemporary MedicineI was interested (and a little horrified) to read the recent coverage of the South Australian Coroner’s findings concerning 3 foetal deaths in SA, associated with home birth in ‘non-low-risk pregnancies’ (1 at least involving a breech presentation). See for example here. Soberingly + tragically the Coroner found that in each case, had the baby… Continue Reading
Medical Claims: 2009 year figures released.
Posted in Contemporary MedicineThe Australian Institute of Health and Welfare has published another of its annual reports, providing statistics on public and private sector medical indemnity claims in Australia. These cover the 2009 year. Interesting reading.. Total ‘new’ claims in the year totalled 2,600, roughly equally split between public v private medical care. The more interesting figures came… Continue Reading
Study: Caesarean v Vaginal Delivery Outcomes
Posted in Contemporary MedicineWas interested to read in the West of the James Cook Uni study to follow up outcomes and attitudes (after the event) of women choosing vaginal -v- elective caesarean section. While I defer to the experts, the more information and hard evidence, rather than ‘old wives tales’ and medical-politics, assisting women to make health decision relating… Continue Reading
Cosmetic Surgery Tourism: My Proposal!
Posted in Contemporary MedicineAs a post-script to the recent resolution of my client’s claim against a travel agency, promoting Thai cosmetic surgery, I now have to drive each day past a massive billboard on Railway Rd, Subiaco, promoting the services of another such agency. Clearly its a thriving business sector… To protect those uninformed enough to think that… Continue Reading
Medical Inspiration = Barry Marshall + a neurosurgeon who cannot be named…
Posted in Contemporary MedicineFollowing on a recent post, in recent days I have again been reminded of how jaundiced my perspective on medical care is and how the great majority of careful, skilled medical practitioners "fly under the radar," in my world of medical litigation. My wife required a micro-discectomy last week, due to a disc protrusion, no doubt… Continue Reading
Medical Negligence + Morality…
Posted in Contemporary MedicineOdd and uncomfortable territory for a lawyer to touch upon… As is now a matter of public record, I act for Saba Button and her parents in relation to her claim arising because of her terrible complications from the flu-vax in 2010. There has been recent media interest in the fact an approach has been… Continue Reading
Lap Band Surgery + Alternatives: The Risks + Benefits
Posted in Contemporary Medicine, Cosmetic Surgery (and Other Treatment), Our CasesWorking yesterday and today on a very tragic case for the family of a young women who died after weight-loss surgery, in 2007. The women underwent a sleeve gastrectomy, one of the 2 most common forms of weight-loss (or bariatric) surgery, performed in Australia today. While working on the case, I thought it worth sharing… Continue Reading
Peer Defence: Bolam + the Civil Liability Act – Experiences in Practice
Posted in Contemporary MedicineI 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 a practice… Continue Reading
The Radiologist + GP: Communication with the Patient
Posted in Cancer Cases, Contemporary Medicine, Our CasesI recently came across an interesting article in a medical insurance journal, discussing the responsibilities of a radiologist to ensure communication of important x-ray or other radiology test results. The conclusion of the article was that the radiologist has responsibility for prompt first-hand communication with the referring GP, but the article stopped short of suggesting… Continue Reading
Study Results: Medical Claims Improve Quality of Medicine
Posted in Contemporary MedicineI read with interest a recent article, referring to research being published in the well respected, Medical Journal of Australia. The research related to a survey of 3,000 doctors, concerning their attitudes towards medico-legal issues. The thrust of the article is along the lines of "isn’t it terrible such doctors practice in fear of a medico-legal… Continue Reading
National Health Professionals Regulation
Posted in Contemporary Medicine, Our CasesA couple of weeks ago I attended a CPD presentation dealing with the new scheme for National Registration + Regulation of the majority of the health professions. It is beyond doubt that this is a good idea, in terms of consistency of practice registration. One interesting aspect of the reforms that I was not previously… Continue Reading
Delay in diagnosis of Cancer: Compensation post Gett
Posted in Cancer Cases, Causation Issues, Contemporary Medicine, Our CasesOne of the most emotionally demanding, complex and ultimately, often rewarding categories of case handled by medical negligence lawyers, are those cases arising from a negligent delay in diagnosis of cancer. At any one time, I am generally acting in 4 or 5 such cases. Following the High Court’s decision earlier this year, in Tabet… Continue Reading
Northam Tragedy: An Addendum
Posted in Contemporary MedicineAs the media coverage continues, another thought that occurred to me today, is why is it not possible for there to be a well-recognised easy to follow chart for Accident and Emergency staff at remote hospitals (accepting for present purposes Northam would be accepted as such), as to observation or triage findings which should mandate… Continue Reading