Bill Madden

This website provides updates on medical law and related issues, mostly in Australia. It is maintained by Bill Madden.

He is a lawyer in private practice in Australia, a Fellow of the Australian Academy of Law and also an Adjunct Fellow at the School of Law and at the School of Medicine, Western Sydney University, an Adjunct Professor at the Australian Centre for Health Law Research, Queensland University of Technology and a Senior Fellow, Melbourne Law Masters, University of Melbourne.

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Paterson v Coroner King [2019] WASC 25 considered an application made by the senior next of kin (the mother of a girl aged 14) for an order that no post mortem examination be performed. The information available indicated, among other things, that the deceased may have ended her life due to psychological stress associated with circumstances that might be identified through a full post mortem examination. The court noted at [15]: Early in the morning…
Neil Foster has kindly drawn attention to a new website, in which Elwyn Elms describes the extensive work of Emeritus Professor Harold Luntz. Emeritus Professor Harold Luntz, an internationally recognised expert in the field of torts and damages law, received the award of Officer in the General Division of the Order of Australia (AO) in the Australia Day 2019 Honours List for his “distinguished service to legal education, as an academic and editor, to professional…
On January 24 2019, the Attorney-General for Australia tabled in Parliament the Australian Law Reform Commission (ALRC) report, Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders. The recommendations aim to promote fairness and efficiency in class action proceedings; protect litigants from disproportionate costs; and assure the integrity of the civil justice system, and include recommendations to: provide mechanisms in statute and legal frameworks for the Federal Court to deal…
Funding for transport to medical appointments was one of the contentious issues in Milburn and National Disability Insurance Agency [2018] AATA 4928. The NDIA had refused to include such transport using a transport service in the plan for Ms Milburn, who argued that she was unable to use public transport and taxis by reason of her physical and mental disabilities. The Tribunal at [64] held that the supports in Ms Milburn’s current plan should be amended to…
Dated 21 January 2019 but released today was the report of Gail Furness SC entitled Review of documentary material in relation to the appointment of Dr Gayed, management of complaints about Dr Gayed and compliance with conditions imposed onDr Gayed by local health districts. Ms Furness made three primary recommendations at [97] – [99], as follows: I recommend that governance processes of Hunter New England Local Health District be reviewed to ensure that…
Tim Bowen has kindly drawn attention to the release on 4 February 2019 of the Queensland Parliamentary committee report into treating practitioner mandatory reporting and title protection amendments. The Government has three months to respond to the report’s recommendations. According to the explanatory notes, the objectives of the Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2018 are to: amend the Health Practitioner Regulation National Law (National Law) as agreed by the Council…
With thanks to Awash Prasad for drawing attention to a recent appellate decision from Western Australia: East Metropolitan Health Service v Jane Elizabeth Popovic as executrix of the Will of Emil Popovic [2019] WASCA 18. East Metropolitan did not challenge the finding that it was liable in negligence. Rather its appeal concerned the potential liability of the neurosurgeon Dr Popovic. As stated at [5]: …East Metropolitan’s case on breach was and is founded on a…
With thanks to Awash Prasad for drawing attention to a recent appellate decision from Western Australia: East Metropolitan Health Service v Jane Elizabeth Popovic as executrix of the Will of Emil Popovic [2019] WASCA 18. East Metropolitan did not challenge the finding that it was liable in negligence. Rather its appeal concerned the potential liability of the neurosurgeon Dr Popovic. As stated at [5]: …East Metropolitan’s case on breach was and is founded on a…
Following earlier extensions, the report of Ms Gail Furness has been delivered to the NSW Government. It has not yet been said when the report will be made public. The Terms of Reference for the Inquiry were: To review documentary material to be provided by each LHD relating to appointment (including delineation of clinical privileges) of Dr Gayed as a visiting medical officer in obstetrics and gynaecology, and the management of Dr Gayed following his…
Schwass and National Disability Insurance Agency [2019] AATA 28 concerned an application for review of a plan, by a person suffering from morbid obesity and osteoarthritis. The NDIA had determined that he was ineligible and ultimately the Tribunal upheld that decision. At [37] the Tribunal held: There is no evidence that a diagnosis of morbid obesity necessarily entails a loss of, or damage to, a physical, sensory or mental function. Such a diagnosis is made when…