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

Tag Archives: surgery

Almario: the final chapter

Posted in Case Summary
 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..… Continue Reading

A List of Recent New Instructions

Posted in Our Cases
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,… Continue Reading

Wallace v Kam: a landmark case on failure to warn of possible surgical risk

Posted in Case Summary, Failure to Warn
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 succeed… Continue Reading

Jordan v Lee – neurosurgery case dismissed

Posted in Case Summary
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… Continue Reading

Cosmetic Surgery Tourism: My Proposal!

Posted in Contemporary Medicine
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… Continue Reading

Lap Band Surgery + Alternatives: The Risks + Benefits

Posted in Contemporary Medicine, Cosmetic Surgery (and Other Treatment), Our Cases
Working yesterday and today on a very tragic case for the family of a young women who died after weight-loss surgery, in 2007. The women underwent a sleeve gastrectomy, one of the 2 most common forms of weight-loss (or bariatric) surgery, performed in Australia today. While working on the case, I thought it worth sharing… Continue Reading

Surgery-Tourism – the Pitfalls?

Posted in Contemporary Medicine, Cosmetic Surgery (and Other Treatment), Our Cases
We are presently acting for a young women who paid $1,000s for cosmetic breast surgery in a well known Asian holiday destination, only for a terrible outcome. This idea of "cosmetic surgery-tourism" seems on the increase, which I think is worrying.  My concerns are reinforced given the independent plastic surgeon’s advice we have now received… Continue Reading