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.

Expert witness immunity (medical): Summary dismissal application.

By Bill Madden

June 8, 2021

Borody v Vickers [2021] FCA 618 (on JADE) related to earlier proceedings which had been commenced in the District Court of NSW (the District Court proceedings). In those proceedings, Dr Borody was sued for medical negligence by a former patient, Ms X. Dr Vickers was retained by the solicitors acting for Ms X, to prepare an expert report concerning Dr Borody’s medical assessment and treatment of Ms X (the Vickers Report). The Vickers Report was filed with the Statement of…

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Private practice midwifery claims based on care after 1 July 2020.

By Bill Madden

June 7, 2021

With thanks to Associate Professor Tina Cockburn for drawing attention to the following. The Medical and Midwife Indemnity Legislation Amendment Bill 2021 (the Bill) has been introduced into the House of Representatives. The purpose of the Bill is to ensure that claims made against all privately practising midwives are eligible under the Commonwealth’s medical and midwife indemnity schemes if a medical indemnity claim is made. The Bill amends the Medical Indemnity Act 2002 to ensure…

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Unregistered Health Practitioner – Permanent Prohibition Order.

By Bill Madden

June 6, 2021

With thanks to Justine Anderson for drawing attention to a public statement and decision of the Health Care Complaints Comission (NSW) in relation to a diagnostic ultrasound practice located in Hornsby (Sydney). The Commission’s statement of 27 May 2021 was as follows: The NSW Health Care Complaints Commission (Commission) conducted an investigation into Ms Li Shen, an unregistered health practitioner and director of Medsound Pty Ltd (Medsound), a diagnostic ultrasound practice located at Suite 15, 14…

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Conduct: Vaccination social media & fitness to practice as a nurse.

By Bill Madden

June 6, 2021

With thanks to Jane Butler for drawing my attention to a UK fitness to practice committee finding in relation to Kay Allison Shemirani (available on nmc.org.uk). The case against Nurse S arose from statments in relation to Covid 19 on social media and at public events. It was said that those statements promoted health advice contrary to official health advice and encouraged members of the public to distrust or disregard such advice. She was…

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Abuse: Recovery from insurers.

By Bill Madden

June 3, 2021

BB v Helena College Council [2021] WADC 42 (on JADE) saw the plaintiff settle its claim against the defendant school, arising from the conduct of a former teacher Mr Brown, such that the defendant was liable to pay damages to the plaintiff of an amount which had been agreed between them. What remained to be determined was the defendant’s claims against each of the inusrer third parties.. At [172] QBE said that the plaintiff’s…

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Learning from Clinical Negligence Claims.

By Bill Madden

May 30, 2021

Noted by John Tingle here, as part of its patient safety strategy the National Health Service (NHS) in England has created the first system-wide patient safety syllabus, training, and education framework. Education and training are fundamental prerequisites for creating a patient safety culture in any health care system. This new patient safety syllabus is both innovative and reflective, combining systems and human factors thinking. The key domains in the patient safety syllabus are: Systems…

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Medical assessment timing.

By Bill Madden

May 29, 2021

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Shoulder injury: Proper professional practice / advice.

By Bill Madden

May 28, 2021

Makaroff v Nepean Blue Mountains Local Health District [2021] NSWCA 107 (on Caselaw) is a decision of the NSW Court of Appeal which touches on two interesting legal issues. As drawn from the headnote, on 19 September 2010 the appellant (Ms Makaroff) suffered a dislocated right shoulder and a bite wound on her right forearm as a result of an incident involving one of her horses. She was taken to the first respondent’s hospital…

Bill Madden's Blog

Abuse: Exposure to abuse in a family setting + action against a public authority (England).

By Bill Madden

May 25, 2021

There remain differeces between Australian and English law, however DFX & Ors v Coventry City Council [2021] EWHC 1382 (QB) (available on BAILII) remains of interest. The claimants’ case was that they each suffered abuse, including sexual abuse, and neglect whilst in the care of their parents before their removal from the family in 2010. The claimants allege that their parents were unfit to be parents and that this should have been obvious to the…

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Abuse: Tasmanian Commission of Inquiry.

By Bill Madden

May 21, 2021

A Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings was established on 15 March 2021. The Commission’s inquiry will focus on the adequacy and appropriateness of the Tasmanian Government’s current responses to allegations and incidents of child sexual abuse in institutional contexts. The Commission will submit its report and recommendations to the Governor of Tasmania by 31 August 2022. Under its terms of reference, the Commission has…

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Expert witness immunity (medical): Summary dismissal application.

Private practice midwifery claims based on care after 1 July 2020.

Unregistered Health Practitioner – Permanent Prohibition Order.

Conduct: Vaccination social media & fitness to practice as a nurse.

Abuse: Recovery from insurers.

Learning from Clinical Negligence Claims.

Medical assessment timing.

Shoulder injury: Proper professional practice / advice.

Abuse: Exposure to abuse in a family setting + action against a public authority (England).

Abuse: Tasmanian Commission of Inquiry.

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