Those acting for injured claimants over the last decade will have noticed significant “creep” in our Civil Liability Act’s threshold and deductible in relation to personal injury claims.

It occurs to me that absent any suggestion at the time this legislation (including provision for indexation increases) was introduced, of any intent for an escalating scheme

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

 I came across an interesting point today, while working on a tragic case arising from the death of a relatively young women, who’s son suffers from (and prior to her death suffered from) a serious mental illness.

Following the women’s death (which we allege was caused by negligent medical care), claim is made on behalf

 Although not a medical negligence claim, the recent decision by Judge O’Brien in Jenkin -v- Brook [2009] WADC 140, delivered on 9 September 2009, provides interesting reading as a recent factual example and summary of the assessment of damages in a claim where negligence causes death.

In this case Judge O’Brien accepted the plaintiff, who