Insights On Medical Negligence Issues From The Perth Area And Throughout Australia
In the decision Espinos v Popovic published by Judge Braddock on 8 August 2018, the run of successes by plaintiffs in medical negligence claims continued. Her Honour awarded damages to Mr Espinos in his claim against deceased neurosurgeon, Emile Popovic, in the sum of $4,817,311.
These are very high damages for a claim for…
To complete the journey, can confirm that the special leave argument on this case, mentioned in earlier posts, was dismissed by the High Court on 16 August 2013. The court did not required counsel for the respondent to make oral submissions… Clearly they believe the Court of Appeal got it right..
In Varipatis v. Almario [2013] NSWCA 76, the New South Wales Court of Appeal reversed the trial judge’s finding in favor of an obese patient alleging negligence on the part of his general practitioner in failing to refer him for weight loss surgery.
The trial decision, which on any assessment was generous to the plaintiff…
I 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…
As has been widely reported we recently acted on behalf of the family of Julienne McKay-Hall the woman who tragically died following weight loss surgery. As reported, the Coroner’s findings are a scathing condemnation of both the relevant surgeon Dr Ahmad’s care and that of nursing staff at St John of God Hospital in Murdoch. …
As part of the process of interviewing for a new solicitor to join the firm, I have reflected on the types of case we have recently been instructed in and those areas of medicine that are emerging as fertile areas for claim. Traditionally, major repeat areas of work continue to be gynaecology, GP care, neurosurgery…
The NSW Court of Appeal, on 13 April 2012 handed down its decision in relation to Mr Wallace’s claim against neurosurgeon Dr Kam. The case sought to challenge the accepted position in relation to failure to warn cases. Following the High Court’s decision in Rosenberg v Percival, it has generally been accepted that to…
This much anticipated decision was delivered by Judge Goetze on 25 May 2012. As widely expected, Judge Goetze found in neurosurgeon Michael Lee (and paediatric oncologist Dr Baker’s favour) and dismissed Daniel Jordan’s claim.
The case is interesting as it raised the question of the obligations upon a surgeon (or other medical practitioners) to advise…
As a post-script to the recent resolution of my client’s claim against a travel agency, promoting Thai cosmetic surgery, I now have to drive each day past a massive billboard on Railway Rd, Subiaco, promoting the services of another such agency. Clearly its a thriving business sector…
To protect those uninformed enough to think that…
Maintaining the sobering record of Plaintiff claims based on informed consent, is a recent South Australian case, Coombes v Katsaros [2011] SADC 93.
The claim concerned alleged complex regional pain syndrome ("CRPS") said to have arisen following hand surgery.
The key to the Plaintiff’s claim was his assertion that he ought to have been warned…
