My impression is that there has been an increase in recent times of cases presented before our District Court in which claimants have represented themselves, without a lawyer. A sobering example of the dangers of this course, is the New South Wales Supreme Court’s recent decision in Fan -v- South Eastern Sydney Local Health District (No. 3) [2015] NSWSC 1620.… Continue Reading
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Compensation for Pain and Suffering in Medical Cases, out of touch…
Posted in damages assessmentAs I have observed from time to time, a previously common, now almost universal sentiment of disappointment is expressed by clients when advised as to the likely scale of compensation they would be awarded by the courts for their pain, suffering and loss of enjoyment of life due to negligently caused injury. I have observed… Continue Reading
Settlement of medical negligence claims (part 2)
Posted in Our CasesFollowing 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… Continue Reading
When does a claim’s settlement take effect in medical negligence cases? PART 1
Posted in Our CasesI 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,… Continue Reading
Are Medical Negligence Trials Facing Extinction?
Posted in Our CasesInterestingly, I have, in the last 6 to 12 months noted a drop in the number of medical negligence and other personal injury claims proceeding to trial (it has to be said with some personal frustration/disappointment). Traditionally my advice to clients has been that, if they obtain a supportive expert opinion critical of the care… Continue Reading
What makes a Good Settlement = more than just $
Posted in Our CasesAn interesting recent case has illustrated (again) that the merits of a settlement, can often involve more than just a question of the overall total settlement sum agreed to be paid. Upon settlement of medical negligence (and other personal injury) claims, there are a series of standard potential deductions from our client’s total settlement figure,… Continue Reading