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

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Bariatric Surgery in UK – different patients, different justification..

Posted in Contemporary Medicine

I recently attended the AvMA conference in the UK.¬† AvMA is one of the UK’s peak bodies in medical negligence (or clinical negligence as they call it), law. I would recommend the conference to anyone working in this area on the patient side.¬† Although there are inevitable differences, there is considerable overlap and perhaps warning… Continue Reading

UK adopts Rogers + ‘patient driven’ test about risks disclosure for medical treatment

Posted in Case Summary, Cerebral Palsy, Contemporary Medicine

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… Continue Reading

Tort Reform in the US – another reason I’d be a Democrat!

Posted in Contemporary Medicine, Overseas Cases

 Have been following (loosely) recent discussion in the US concerning health care reform.   As usual, a self-interested group, have sought to tag ‘tort reform’ (I’ve always thought a neat term for the removal of rights from the negligently injured, not sure it is ‘reform’ rather than ‘remove’) on the agenda.   Twitter (yes, I… Continue Reading

Patient Responsibility – International Differences Highlighted by Recent Case

Posted in Case Summary, Causation Issues, Contributory Negligence, Overseas Cases

I was interested to read recent news reports concerning a case decided in Canada. An Indian/Canadian man, Mr Kahlong was awarded CAD $5 million in a claim against a Hospital in Vancouver. According to news reports, Mr Kahlong who was 41 years of age suffered from low back pain for which he was referred for… Continue Reading