Julian’s blog
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 against...
The uncertainty consequences of delay in diagnosis of cancer
I read with interest recent medical literature, reporting on research at Johns Hopkins, emphasising the role of a 3rd factor in cancer incidence. Debate has traditionally focussed on the ‘environmental -v- hereditary’ nature of many cancers. New research, as...
Botox + Filler’s : more dangerous than you may think!
We have recently agreed to act on behalf of a client who has suffered significant irreparable facial scarring/disfigurement as a consequence of dermal fillers, she underwent earlier this year @ a slick, web-advertising, brochure wielding, 'wellness' clinic in Perth's...
Fairness (?) + Non-Pecuniary Loss Awards in medical cases
As 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...
We’re hiring!
As Michal is leaving us to return to Canada next month, we have a vacancy for a junior lawyer (0-3 years post-admission) to join our team...Don't be shy, if you're keen to work in this area, in Perth's best boutique firm, email me your details.... Cheers...
Paul v Cooke – timing difference not enough to prove causation
The High Court recently dismissed the special leave application brought in this case by Ms Paul, seeking to overturn the New South Wales Court of Appeal's decision rejecting her claim. As may be known, the case concerned a delay in diagnosis of an intracranial...
The Value of an Apology.. its more than you may think!
In several cases concluded in the last month or 2 of 2013, I have again been reminded of the remarkable 'value' of an expression of regret by health professionals in two recent cases. In the first, following a mediation in the court, very much to his credit, the GP...
Midwife versus Obstetrician: which is safer?
I note with interest media attention to the comprehensive study recently completed relevant to the safety of midwifery care (in part as an alternative to obstetric medical management) across all pregnancies. This study confirmed that over an impressively scaled and...
IVF triplets and Melchior claim – emotion aside
I note with interest the recent article in the Australian, confirming a wrongful birth claim for the parents of triplets in Queensland, alleging a breach of contract by their IVF provider, by which they had agreed that no more than 2 embryos would be implanted, yet...
Extensions of Time: Court of Appeal find a way to make sense of section 41 Limitation Act (Barr v Farrell)
On 10 September 2014 the Court of Appeal by a majority of 2 to 1 upheld appeal against an early decision by Judge Bowden in the District Court rejecting the applicant's request for an extension of time in which to bring claim under Section 41 of the Limitation Act...
Almario – bariatric case fails on appeal: the house of cards analogy with medical cases..
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...
Settlement of Medical Negligence Claims: where is the point of no return? Part 2
Following 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...
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