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.

UK Judicial review ruling: Tavistock gender identify development service + puberty supressing drugs.

By Bill Madden

December 1, 2020

Bell v Tavistock and Portman NHE Foundation Trust & Ors [2020] EWHC 3274 (Admin), available online, is a three judge decision on a claim for judicial review of the practice of the defendant, the Tavistock and Portman NHS Foundation Trust, through its Gender Identity Development Service (GIDS) and the first and second Interveners (the Trusts) of prescribing puberty suppressing drugs to persons under the age of 18 who experience gender dysphoria. As noted at…

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Defamation claim: Administration of deep sleep therapy at Chelmsford Private Hospital.

By Bill Madden

November 24, 2020

Herron v HarperCollins Publishers Australia Pty Ltd (No 3) [2020] FCA 1687 (available on the Federal Court website) dealt with two applicant’s claims for defamation arising from a chapter in a book titled Fair Game: The Incredible Untold Story of Scientology in Australia (HarperCollins Publishers Australia Pty Limited, 2016). The background to Chapter 14 of the book “Deep Sleep” is the Royal Commission conducted by Acting Justice Slattery between 1987 and 1989 (Royal Commission into Deep Sleep Therapy) and the resulting multi-volume Royal Commission report.…

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Abuse: Vicarious trauma claim by lawyer.

By Bill Madden

November 24, 2020

With thanks to Patrick Thompson for drawing my attention to today’s decision in State of Victoria v Kozarov [2020] VSCA 301, available on Austlii. The respondent (a solicitor) was an employee of the Office of Public Prosecutions working in the Specialist Sexual Offences Unit (SSOU) who developed a major depressive disorder and chronic post traumatic stress disorder. She brought proceedings against her employer (the State) alleging that her injuries were caused by continual exposure…

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Conduct: Plagiarism by medical practitioner.

By Bill Madden

November 21, 2020

The Barnold Law blog has drawn attention to a decision from last year, Medical Board of Australia v Soh (Review and Regulation) [2019] VCAT 1549 (available on AUSTLII). Based on agreed facts, the Tribunal found that the doctor’s conduct breached principles of the Good Medical Practice: A Code of Conduct for Doctors in Australia March 2014 (clause 8.9) and was professional misconduct. The doctor had claimed authorship of an article which was published in Annals of…

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Intentional acts with intent to cause harm + recklessness.

By Bill Madden

November 19, 2020

With thanks to Hilbert Chiu for drawing my attention to Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc [2020] NSWCA 294, available on JADE. Not a medical case (though referring to Dean v Phung), the claim by Mr Dickson was made as he was seriously injured in a rugby league match when subjected to a spear tackle, or dangerous throw, by an opponent, Mr Fletcher. The incident was recorded on video.…

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Wrongful birth: Failed sterilisation.

By Bill Madden

November 19, 2020

With thanks to Tim Cummings for drawing my attention to Lee (a pseudonym) v Dhupar [2020] NSWSC 717 available on Caselaw. An order was made prohibiting the publication or other disclosure of any information tending to reveal the identity of the child named in the evidence in this case, the child’s mother, other family members of that child and the plaintiff’s employer. The plaintiff claimed she suffered avoidable harm from conception, pregnancy and childbirth, which she alleged was due to a negligent breach of the duty of care that Dr…

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Neck / spine manipulation claim.

By Bill Madden

November 9, 2020

Marsh v Naim (NSWDC, unreported 2019/85651 per Gibb DCJ) saw the plaintiff claim for neck, shoulder and arm pain following from a neck or upper spine manipulation performed by a general practitioner. The defendant GP had no recollection of the consultation and relied on his usual practice and clinical notes. There was some conflict between the plaintiff’s evidence and the doctor’s usual practice evidence. The court (page 20) accepted that the doctor followed his usual…

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COVID-19: Emergency Management Act (WA) convictions.

By Bill Madden

November 9, 2020

ABC News has reported the following: A Perth dentist has been sentenced to two months’ immediate jail for breaching COVID-19 quarantine requirements and treating 41 patients despite knowing the health risk posed by the virus. The dentist flew back to Perth from Canberra on June 16 via Sydney and was supposed to quarantine at home for two weeks. But the court heard on seven or eight occasions, she left her home to work at…

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Treatment contrary to Advance Care Directive.

By Bill Madden

November 7, 2020

Miichael Eburn has drawn attention to the Record of Investigation into Death (Without Inquest) in respect of Kylie Anne Breen, from the Coronial Division of the Magistrates Court of Tasmania (2 September 2020) which is available on the Court’s website. The decision is of interest as about 12 months before her death, Ms Breen had put in place with her general practitioner an Advance Care Directive for Care at End of Life. A copy…

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UKSC: Compensation refused for killing during psychotic episode.

By Bill Madden

October 30, 2020

The Appellant, who had previously been diagnosed as suffering from paranoid schizophrenia or schizoaffective disorder, stabbed her mother to death whilst expiring a serious psychotic episode. The Appellant pleaded guilty to manslaughter by reason of diminished responsibility. It was common ground between the parties that this would not have happened but for the Respondent’s breaches of duty in failing to respond in an appropriate way to the Appellant’s deteriorating mental health at the time. In…

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UK Judicial review ruling: Tavistock gender identify development service + puberty supressing drugs.

Defamation claim: Administration of deep sleep therapy at Chelmsford Private Hospital.

Abuse: Vicarious trauma claim by lawyer.

Conduct: Plagiarism by medical practitioner.

Intentional acts with intent to cause harm + recklessness.

Wrongful birth: Failed sterilisation.

Neck / spine manipulation claim.

COVID-19: Emergency Management Act (WA) convictions.

Treatment contrary to Advance Care Directive.

UKSC: Compensation refused for killing during psychotic episode.

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