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.

Altruistic cell donation: Parens patriae.

By Bill Madden

July 3, 2020

The UK Human Rights blog has provided a note on A NHS Foundation Trust v MC [2020] EWCOP 33 (available on BAILII). “MC was the subject of an application by an NHS Trust seeking the court’s consent for the harvesting of peripheral blood stem cells so they can be donated to her mother who has chronic leukaemia. Cohen J noted that this was the first time that an application for the extraction of bone…

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Privacy breach: Incorrect email address.

By Bill Madden

July 3, 2020

‘SD’ and ‘SE’ and Northside Clinic (Vic) Pty Ltd [2020] AICmr 21 (available on AUSTLII) saw a complaint by two persons relating to the respondent’s disclosure of their personal information (identity information and HIV status) to an unknown recipient, at an incorrect Gmail email address, on two occasions. The incorrect email address belonged to an unknown third party. The complaints were upheld and compensation amounts were assessed for non-economic loss and, for one complainant,…

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Pharmacists subject to complaints.

By Bill Madden

June 27, 2020

Pharmacists subject to complaints: a national study of pharmacists reported to health regulators in Australia, by Taouk, Bismark & Hattingh, builds up earlier work done through the Centre for Health Policy at the University of Melbourne in health & legal profession complaints analysis. This study noted that fewer than 1% of pharmacists were the subject of two or more complaints: this group accounted for nearly a third of all complaints. Male pharmacists and those…

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The New Psychology of Expert Witness Procedure.

By Bill Madden

June 27, 2020

The New Psychology of Expert Witness Procedure by Jason Chin & others [2020] Sydney Law Review 3 is an interesting discussion on whether procedural reforms can effectively regulate expert witnesses. The authors make a case in favour of procedural reforms. They say that codes of conduct require specific and direct wording that experts cannot interpret as ethically permissive. Further, drawing on a recent case study, courts have an important role to play in establishing a…

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Disclosure of produced documents.

By Bill Madden

June 24, 2020

Prothonotary of the Supreme Court of New South Wales v S [2020] NSWSC 769 (available on Caselaw) is an unusual but important reminder of the need for care by a solicitor when dealing with documents produced by a party in the course of litigation, in answer to a Notice to Produce. The defendant to certain litigation had produced CCTV footage in answer to a notice to produce. Production was made subject to the usual…

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NDIS: Back injury, permanence of impairment & health system.

By Bill Madden

June 24, 2020

Jourfian and National Disability Insurance Agency [2020] AATA 1883 (available on JADE) required the Tribunal to consider an NDIA review, with the usual need to consider the statutory requirements for access to NDIS supports. The applicant had suffered a back injury. The Tribunal noted at [41] the inconsistent evidence before about whether surgery could reduce Mr Jourfian’s back pain and assist his functionality and held (at [42]): In the absence of consistent medical evidence…

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Litigation funding: Parliamentary joint committee.

By Bill Madden

June 20, 2020

The Commonwealth Parliamentary Joint Committee on Corporations and Financial Services has a reference on Litigation Funding and the Regulation of the Class Action Industry. The Terms of Reference are available here. The Committee has now published online the 81 submissions received by the Committee. …

Bill Madden's Blog

Mediation in healthcare claims – an evalution.

By Bill Madden

June 19, 2020

With thanks to Julie Somerville for drawing attention to the evaluation report published by NHS Resolution (UK). The organisation notes that in December 2016, NHS Resolution (known at the time as the NHS Litigation Authority) took the ground-breaking step of becoming one of the first indemnifiers in the UK to establish a mediation panel with the focus of resolving clinical negligence and personal injury compensation claims. The evaluation report of about 18 pages provides an…

Bill Madden's Blog

Factual causation: Multiple routes.

By Bill Madden

June 19, 2020

Although not an injury claim, Brocklands Pty Ltd v Tasmanian Networks Pty Ltd [2020] TASFC 4 (available on JADE) is of interest as an appellate consideration of civil liability legislative causation provisions. Blow CJ with Pearce J agreeing, was satisifed satisfied on the balance of probabilities that the damage to the program logic controller and any consequential damage suffered by the appellant was caused by high voltage electricity entering the low voltage system in at…

Bill Madden's Blog

Alleged breaches by catering and nursing staff of hospital.

By Bill Madden

June 18, 2020

A verdict was entered for the defendant in Hawkins v South Western Sydney Local Health District [2020] NSWDC 308 (available on JADE), in which the plaintiff alleged that as a consequence of the defendant’s negligence he suffered harm in the form of a serious infection which caused a large incisional hernia which in turn made a Hartmann’s procedure to reverse a stoma for all intents and purposes, impossible. The negligence was said to be:…

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Altruistic cell donation: Parens patriae.

Privacy breach: Incorrect email address.

Pharmacists subject to complaints.

The New Psychology of Expert Witness Procedure.

Disclosure of produced documents.

NDIS: Back injury, permanence of impairment & health system.

Litigation funding: Parliamentary joint committee.

Mediation in healthcare claims – an evalution.

Factual causation: Multiple routes.

Alleged breaches by catering and nursing staff of hospital.

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