West Australian Medical Negligence Law Blog

West Australian Medical Negligence Law Blog

Insights On Medical Negligence Issues From The Perth Area And Throughout Australia

I have been a lawyer for 21 years, during which time I have predominantly represented injured people in pursuing compensation claims. In the last 10 - 15 years, I have focused on medical malpractice / medical negligence law and particularly claims arising from negligent medical care. Read more

Tag Archives: medical

Extensions of Time: Court of Appeal find a way to make sense of section 41 Limitation Act (Barr v Farrell)

Posted in Case Summary
On 10 September 2014 the Court of Appeal, by a majority of 2 to 1, upheld appeal against a decision by Judge Bowden in the District Court rejecting the applicant’s request for an extension of time in which to bring claim under Section 41 of the Limitation Act 2005. As I have commented previously, such section on its… Continue Reading

Almario: the final chapter

Posted in Case Summary
 To 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

Settlement of medical negligence claims (part 2)

Posted in Our Cases
 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… Continue Reading

A List of Recent New Instructions

Posted in Our Cases
As 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

Stroke Treatment: New Research sets longer timeframes

Posted in Contemporary Medicine
Interested 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

unnecessary dental treatment/over-servicing – tough line in new decision

Posted in Case Summary
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… Continue Reading

Wallace v Kam: a landmark case on failure to warn of possible surgical risk

Posted in Case Summary, Failure to Warn
The 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

Cosmetic Surgery Tourism: My Proposal!

Posted in Contemporary Medicine
As 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

Study Results: Medical Claims Improve Quality of Medicine

Posted in Contemporary Medicine
I 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

West Australian Public Hospital Performance 2009 year

Posted in Contemporary Medicine
 While 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