Ellis v East Metro Health Service [2018] WADC 91 I read with interest the latest instalment in Judge Gething’s decisions in relation to this contentious birth injury case. The substantive decision in the plaintiff’s favour is working its way at present to the Court of Appeal. It will be interesting to see what our CoA… Continue Reading
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Spinal Fusion surgery complications case won
Posted in Case Summary, Contemporary MedicineIn the decision Espinos v Popovic published by Judge Braddock on 8 August 2018, the run of successes by plaintiffs in medical negligence claims continued. Her Honour awarded damages to Mr Espinos in his claim against deceased neurosurgeon, Emile Popovic, in the sum of $4,817,311. These are very high damages for a claim for negligent… Continue Reading
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
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
Fatal Accidents (which aren’t accidents) : the ‘missing’ claim
Posted in damages assessment, Our CasesCoincidentally, in month or so before Christmas I have handled pre-trial settlement negotiations in relation to 2 similar cases, in the sense they both involved negligence allegations which it was claimed had led to the death of my clients life partners (in old fashioned speech: wives..). Although the background and issues with the medical care… Continue Reading
An example of the dangers of self-representation
Posted in Case SummaryMy impression is that there has been an increase in recent times of cases presented before our District Court in which claimants have represented themselves, without a lawyer. A sobering example of the dangers of this course, is the New South Wales Supreme Court’s recent decision in Fan -v- South Eastern Sydney Local Health District (No. 3) [2015] NSWSC 1620.… 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
Mules v Ferguson: peer defence overturned + patient wins!
Posted in Case Summary, Causation IssuesI read with interest the Queensland Court of Appeal’s recent decision in relation to this matter. The Court of Appeal by a 2:1 majority overturned the trial judge’s earlier rejection of this medical negligence claim. The case involved allegations of negligence against a general practitioner for failing to refer a patient ultimately found to suffer… Continue Reading
delay in cancer diagnosis: consequences unpredictable
Posted in Cancer Cases, Contemporary Medicine, Our CasesI read with interest recent medical literature, reporting on research at Johns Hopkins, emphasising the role of a 3rd factor in cancer incidence. Debate has traditionally focussed on the ‘environmental -v- hereditary’ nature of many cancers. New research, as reported, has confirmed that ‘luck,’ bad or otherwise, appears to be an even more important factor. Random… Continue Reading
Open Disclosure – demanding expectations, but are they ever met?
Posted in Contemporary MedicineCourtesy of my colleague (and friend) Bill Madden, I note the NSW Government has issued a Policy Directive in relation to Open Disclosure, a copy of which can be found here. I note with interest, the “MANDATORY REQUIREMENTS” of such policy: 1. Acknowledgement of a patient safety incident to the patient and/or their support person(s), as… Continue Reading
Almario: the final chapter
Posted in Case SummaryTo complete the journey, can confirm that the special leave argument on this case, mentioned in earlier posts, was dismissed by the High Court on 16 August 2013. The court did not required counsel for the respondent to make oral submissions… Clearly they believe the Court of Appeal got it right..… Continue Reading
Bariatric Surgery Case fails on appeal: house of cards falls..
Posted in Case SummaryIn Varipatis v. Almario [2013] NSWCA 76, the New South Wales Court of Appeal reversed the trial judge’s finding in favor of an obese patient alleging negligence on the part of his general practitioner in failing to refer him for weight loss surgery. The trial decision, which on any assessment was generous to the plaintiff… 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
A List of Recent New Instructions
Posted in Our CasesAs part of the process of interviewing for a new solicitor to join the firm, I have reflected on the types of case we have recently been instructed in and those areas of medicine that are emerging as fertile areas for claim. Traditionally, major repeat areas of work continue to be gynaecology, GP care, neurosurgery,… Continue Reading
Wallace v Kam: a landmark case on failure to warn of possible surgical risk
Posted in Case Summary, Failure to WarnThe NSW Court of Appeal, on 13 April 2012 handed down its decision in relation to Mr Wallace’s claim against neurosurgeon Dr Kam. The case sought to challenge the accepted position in relation to failure to warn cases. Following the High Court’s decision in Rosenberg v Percival, it has generally been accepted that to succeed… Continue Reading
time limits for latent medical claims (and other personal injuries) ARE retrospectively now set by 2005 Law
Posted in Our CasesAs 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… Continue Reading
West Australian Public Hospital Performance 2009 year
Posted in Contemporary MedicineWhile trawling around looking for some information on trauma surgery, came accross this neat and convenient summary of our public hospital system’s performance against several key performance indicators for the 1st 6 months of 2009. Makes interesting reading, particularly the ongoing ‘battle’ with accident and emergency services. I particularly noted the pretty awful results… Continue Reading