Insights On Medical Negligence Issues From The Perth Area And Throughout Australia
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…
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…
In 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…
It 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…
It 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…
Coincidentally, 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…
My 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…
I 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…
The 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…
I 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…
