Mabior: the Appeal Decision – 5PB means nothing?

WA’s Court of Appeal has now handed down its decision in the case brought on behalf of Sunday Mabior, the young 16-month-old child who suffered burns and then medical care at Princess Margaret Hospital, almost 14 years ago, in December 2005. Sunday’s claim...

Medical negligence cases review (2016-17)

I today presented a paper at conference providing a review of 10 recent Australian medical law cases since January 2016, which I found interesting. Cases reviewed were: Coote, Bigg, Morocz, Westcott, Martin, Pierce, Sorbello, McManus and Stefanyszyn and Wright....

Hospital Admin (+ responsibility) reorganisation

It is no doubt my age..  but I have an acute sense of deja vu! As from 1 July 2016, we have ‘reverted’ to the old scheme of Boards of Management running our major hospitals (and geographic areas).  See the Health Services Act 2016 + the 30 June 16...

Ian Harris: one of the good guys!

I read with interest the article in last weekend’s Sydney Morning Herald concerning Ian Harris’s recent book. In the interests of full disclosure, Ian is an orthopaedic surgeon from whom we commonly seek advice, as an independent expert to review and comment on...

Medical Negligent Care causing Death: the missing claim..

Coincidentally, in month or so before Christmas I have handled pre-trial settlement negotiations in relation to 2 similar cases, in the sense they both involved negligence allegations which it was claimed had led to the death of my clients’ life partners (in old...

the risk of handling your own case (without a lawyer)

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...

The crony (peer) defence takes a hit! (Mules v Ferguson)

I read with interest the Queensland Court of Appeals recent decision in relation to this matter. The Court of Appeal by a 2:1 majority overturned the trial judge’s earlier rejection of this medical negligence claim. The case involved allegations of negligence...