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.

Evidence & section 5D(3)(b) CLA NSW

By Bill Madden on July 15, 2019

Andrew Morrison SC has helpfully noted the following decision, which although not a medical claim could have significance for some medical claims if pleaded in a similar way: In PPK Willoughby Pty Ltd v Baird [2019] NSWSC 705 (Harrison J), the plaintiff sued the defendants, alleging that it suffered harm as a result of the defendant’s negligence but also by reason of the defendant’s misleading and deceptive conduct. The defendant objected to evidence given by…

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Late amendments & conclaves

By Bill Madden on July 11, 2019

Although mostly involving consideration of expert evidence and the history of the particular litigation, Williams v Fraser [2019] NSWSC 876 is of interest as an example of an interlocutory consideration of an application for leave to file an amended statement of claim and to reconvene a causation conclave.…

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NDIS: Sex therapist funding

By Bill Madden on July 11, 2019

WRMF and National Disability Insurance Agency [2019] AATA 1771 was an application in respect of a reviewable NDIA decision, which required the Tribunal to consider whether sexual therapy at a cost of about $10,000 per year is a reasonable and necessary support for an applicant diagnosed with multiple sclerosis. The Agency argued that the applicant was seeking the services of a replacement sexual partner. However at [3] the Tribunal noted: The applicant does not seek…

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Intentional act & expert evidence issues

By Bill Madden on July 8, 2019

Brighten v Traino [2019] NSWCA 168 requires a brief understanding of the factual background. Facts Ms Brighten attended a bar at Cronula with a friend, Mr Provan. In the course of the night, Mr Provan became intoxicated and disruptive. The licensee of the bar, Mr Traino, asked his friend Mr Richardson to assist in evicting Mr Provan. Mr Richardson was a trained security guard but not an employee. Mr Provan was evicted, and a skirmish occurred…

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Interrogatories: Limitation defence

By Bill Madden on July 4, 2019

Mid North Coast Local Health District v Hickson [2019] NSWCA 165 is of interest as an appellate consideration of interrogatories served by a defendant, upon a plaintiff, in relation to limitation period (discoverability) matters.…

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NDIS: ABA therapy for autism

By Bill Madden on June 28, 2019

Applied Behaviour Analysis (ABA) therapy was the subject of two recent NDIS appeals, as the two matters concerned brothers both diagnosed with autism spectrum disorder: FRCT and National Disability Insurance Agency [2019] AATA 1478 WKZQ and National Disability Insurance Agency [2019] AATA 1480 The decisions of the Tribunal required consideration of the evidence provided by the applicants and the NDIA, relevant to the the following issues in dispute between the parties in terms of what…

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Failure to apply serial troponin testing, with obiter consideration of when factual causation cannot be established.

By Bill Madden on June 27, 2019

With thanks to Julian Johnson for drawing attention to Lazarevski v North Metropolitan Health Service [2019] WADC 84. The decision is not online yet, but this entry will be edited to include the link when it is available. Having suffered sudden onset of chest pain radiating to her left arm, the plaintiff (aged 28 years) presented to the hospital for assessment. She was discharged some 4 hours later, but without blood testing for Troponin levels.…

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Examination under anaesthesia without consent

By Bill Madden on June 26, 2019

An anaesthetist obtained an order to set aside his earlier Medical Council suspension as a medical practitioner in Hill v Medical Council of New South Wales [2019] NSWCATOD 97. During a colonoscopy, the surgeon identified an unusual tumour. At some point subsequent to that, the surgeon invited the applicant to palpate the tumour, saying words to the effect that it was a ‘once in a lifetime opportunity’. In response to that invitation, the applicant put…

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Universal Medicine: Solicitor’s conduct during litigation

By Bill Madden on June 26, 2019

Benhayon v Rockett (No 10) [2019] NSWSC 792 saw an order made by the court that certain documents be provided to the Prothonotary for referral to the Legal Services Commissioner of NSW, for his consideration of whether to initiate a complaint about the conduct of a solicitor on the basis that it may be capable of amounting to unsatisfactory professional conduct or professional misconduct. The present decision recited a passage from the judgment in Benhayon …

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Universal Medicine: Solicitor’s conduct during litigation

By Bill Madden on June 26, 2019

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Evidence & section 5D(3)(b) CLA NSW

Late amendments & conclaves

NDIS: Sex therapist funding

Intentional act & expert evidence issues

Interrogatories: Limitation defence

NDIS: ABA therapy for autism

Failure to apply serial troponin testing, with obiter consideration of when factual causation cannot be established.

Examination under anaesthesia without consent

Universal Medicine: Solicitor’s conduct during litigation

Universal Medicine: Solicitor’s conduct during litigation

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