I note with interest the Court of Appeal’s decision in Nigam v Harm [2011] WASCA 211.

Whilst a case concerning a negligence action against a firm of solicitors, the important aspects of the case predominantly related to medical negligence claims.  

It was alleged the relevant firm of solicitors had been negligent in failing to:

For the 3rd time in so many months, the Court of Appeal has dismissed a Plaintiff’s appeal in relation to a medical negligence claim.  This time in the matter of Le Brun v Joseph + Or [2010]. WASCA 52, delivered on 24 March 2010.

This decision follows on the heels of the Court of Appeal’s decision in McLennan v McCallum [2010] WASCA 45, in which I acted for the Appellant on Appeal [but not at it’s initial trial]. 

In Le Brun, Mr Le Brun, by his mother (because of his disability, he could not bring the claim in his own right), appealed against the decision of District Court Judge McCann, who at the case’s initial trial had found negligence on the part of GP Dr Joseph and Kalgoorlie Hospital, but was not satisfied that such negligence had caused any loss and consequently dismissed the claim.

The case arose from alleged failure on the part of the Defendants, who were a hospital and general practitioners, to further investigate headaches experienced and reported by Mr Le Brun. 

Mr Le Brun’s case was if further investigations had occurred (either CT or consultant specialist review) his undiagnosed brain abnormality, an Arteriovenous Malformation [AVM] would have been identified prior to its rupture, and treatment therefore would/may have avoided the catastrophic disability he suffered following such AVM’s rupture. 

Continue Reading Le Brun v Joseph – another Appeal lost…

 The Court of Appeal delivered its decision on 7 Oct 09, rejecting the losing patient’s appeal against District Court Judge Wager’s decision, dismissing her claim at trial.  The lead decision was delivered by Justice Newnes, with whom the 2 other members of the Court agreed.

The case concerned alleged negligent medical care following Ms Davy