Queens;and’s voluntary assisted dying legislation passed through Parliament on 16 September 2021. The legislation in Bill form is available online. Queensland is the fifth Australian State with such legislation, but the scheme is not expected to be operational until 1 January 2023. ABC News has provided a summary.…

“The Commonwealth-funded No Fault COVID-19 Indemnity Scheme aims to compensate for medical expenses and loss of income resulting from an adverse reaction following vaccination. Many countries have long-running vaccine compensation schemes – some, including those in those in Britain and the United States, appear not to be adapting to the challenges presented by COVID-19.” A discussion of this topic is hosted by Damien Carrick on the ABC Radio National Law Report. Guests: Kurt Weideling,…

With thanks to Phil Gleeson for drawing my attention to O’Loughlin v McCallum [2021] WADC 77 (available on Austlii), a wrongful birth claim in which breach of duty was admitted in respect of a failed sterilisation procedure. The Court was required to assess damages. The allowances were as follows: General damages $20,000. It is noteworthy that at [63] the Court said “However, the fact of Ms O’Loughlin’s inability to participate in normal activities of…

The Australian Goverment COVID 19 claims scheme website is now open: https://www.health.gov.au/initiatives-and-programs/covid-19-vaccines/covid-19-vaccine-claims-scheme Cllaims registratrion is via this page: https://www.health.gov.au/initiatives-and-programs/covid-19-vaccines/register-interest-in-claims-scheme The webpage says: The scheme will cover the costs of injuries $5,000 and above due to administration of a TGA approved COVID-19 vaccine or due to an adverse event that is considered to be caused by a COVID-19 vaccination. The recognised side effects to the COVID-19 vaccines are included in the approved Product Information and include…

The Sydney Children’s Hospitals Network v AA [2021] NSWSC 1123 (on Caselaw) saw the Court consider an application brought by the plaintiff hospital because AA’s mother, who is the sole person responsible for AA, is a member of the religious group known as the Jehovah’s Witnesses. Adherents of that faith refuse to receive, or refuse to permit those for whom they care, to receive blood transfusions. The Mother consented to AA receiving all the medical treatment that he requires, including the surgical correction of the congenital heart defect…

Published today in the Journal of Multidisciplinary Healthcare is an article “Exploring Risk, Antecedents and Human Costs of Living with a Retained Surgical Item: A Narrative Synthesis of Australian Case Law 1981–2018” by Osborne, Cockburn & Davis. The study aimed to critically examine the circumstances contributing to, and the human costs arising from, the retention of surgical items through the lens of Australian case law.…

A medical rather than a medico-legal topic, but Dr Muskesh Haikerwal has drawn attention to an important study published in the BMJ late last week (open access). Risk of thrombocytopenia and thromboembolism after covid-19 vaccination and SARS-CoV-2 positive testing: self-controlled case series study by Julia Hippisley Cox and others, used a very large UK cohort of more than 30 million people. The study conclusion was: Increased risks of haematological and vascular events that led to…