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.
Although only a single Judge decision, I particularly noted the WA District Court Judge Sweeney’s decision in Wright v Minister for Health  WADC 93, which is an interesting [if long] read as to the approach in considering a peer defence, under the Civil Liability legislation.
Apart from this case, I have not seen a case discussing what sort of evidence should be lead to establish a relevant practice is ‘widely accepted by the health professional’s peers as competent professional practice‘ (section 5PB(1)).
It supports my view that this should require more than : (A) an expert saying they think they know what their peers ‘widely accept;’ or (B) an expert saying he has asked a few colleagues and they agree that what was done was competent practice!
Anyone who would like a copy of the article, email me at julianj[at]jjlaw.com.au