Insights On Medical Negligence Issues From The Perth Area And Throughout Australia
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…
If I had to pick one legislative provision which has resulted in more gross unfairness than any other, over the period of my career, its a ‘no-brainer:’ section 47A of the Limitation Act 1935.
Section 47A in the context I have seen it most regularly, set a time limit for claims to be made against public…
I read with interest an article in the MJA earlier this month, which comments on the status of the ‘peer defence,’ introduced, in WA, via the Civil Liability Act section 5PB(1). This section, provides that:
An act or omission of a health professional is not a negligent act or omission if it is in accordance with
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