by Julian Johnson | Oct 15, 2019
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...
by Julian Johnson | Jul 6, 2016
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...
by Julian Johnson | Mar 13, 2016
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...
by Julian Johnson | Jan 6, 2016
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...
by Julian Johnson | Apr 10, 2015
Western Australia’s Court of Appeal in its decision AME Hospitals PTY, Limited v. Dixon [2015] WASCA 63, delivered on 27 March 2015, confirmed, particularly relevantly in the medical negligence claims area, significant scope for persons to bring claim outside...
by Julian Johnson | Apr 6, 2015
The UK has recently altered its position in relation to the important question of a doctor’s obligations to warn their patients concerning risks of treatment. Preceding the decision in Montgomery v. Lanarkshire Health Board [2015] UKSC 11, delivered on 11 March...
by Julian Johnson | Feb 25, 2015
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...
by Julian Johnson | Nov 19, 2014
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...
by Julian Johnson | Mar 9, 2014
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...
by Julian Johnson | Nov 8, 2013
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...
by Julian Johnson | Oct 31, 2013
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...
by Julian Johnson | May 20, 2013
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...
