Insights On Medical Negligence Issues From The Perth Area And Throughout Australia
We 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…
The Victorian Court of Appeal delivered its decision in relation to the Appeal in this case on 18 February 2014. The Court of Appeal unanimously agreed to dismiss Ms Odisho’s appeal against the Trial Judge’s dismissal of her claim.
The case concerned an alleged failure to warn Ms Odisho of a very rare risk of…
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 …
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..
In 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…
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…
I have recently had a couple of cases raising this issue, which arises from time to time, of when does a settlement actual become final + binding (so neither party can withdraw). I will cover the issues in 2 separate blog posts.
The first case involved a relatively modest settlement of a plastic surgery related case…
On 14 December 2012 the Court of Appeal upheld an appeal in the claim brought by Tahlia Burns against King Edward Memorial Hospital (formally the Minister for Health), alleging negligent obstetric care at the time of her birth in April 2004.
Tahlia’s claim had previously been dismissed by the District Court as being out of…
Thanks 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 …
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…
