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
Obstetrics
Court of Appeal open the door (a little..) for old obstetric hospital claims.
By Julian Johnson on
Posted in Case Summary, Obstetrics
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…
Urgent Alert: Time Running very short for Birth Injury claims….
By Julian Johnson on
Posted in Obstetrics
Further to my earlier post, time is now extremely short for birth injury claims, for children born before Nov 2005.
As I have previously posted, the Limitation Act 2005, retrospectively (and without any publicity) shortened the time for claims relating to alleged negligent obstetric (or midwifrey) care, prior to its introduction in November 2005.
Before…
Obstetric Cases: The Clock is Ticking…..
By Julian Johnson on
Posted in Obstetrics
As most lawyers practising in med neg in Perth will know, a specific provision was inserted in the 2005 Limitation Act, setting new time limits for child-birth injury claims in Western Australia.
Apart form setting a new scheme for children born after 2005, the then labour government did medical insurers a very great favour…
Asher-Relf -v- Min for Health – no time extension for pre-05 birth cases
By Julian Johnson on
In this decision delivered by Judge Stevenson of the District Court on 23 December 2009, Judge Stevenson concluded that he had no power to extend the time for commencement of a claim under the 2005 Limitation Act, in relation to a child born prior to such Act’s commencement.
The case, in which I am involved…
Death and Medical Negligence Claims
By Julian Johnson on
Reasonably often, clients consult us following the death of a loved one, resulting from apparent negligent medical care.
I have spoken to a potential new client this week, traumatised by the tragic death of their child as a consequence of what seems from the client’s account to be clearly negligent care on the part of…
Suppression Order about Awful Doctor’s ID
By Julian Johnson on
It was interesting to read the Sunday Times newspaper’s, front page article a week ago in relation to the unnamed obstetrician/ gynaecologist recently struck off from practise in Western Australia.
I was particularly interested to read the newspapers’ editorial column concerning their strong view that the ongoing suppression order, prohibiting publication of the particular Doctors details…