R v Tanswell; R v Leilua [2025] NSWDC 178 (Link to Caselaw).
Although in the context of a criminal prosecution, these sentencing matters are of interest because of judicial comment on expert witness code of conduct compliance issues.
A
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.
Website:
https://billmaddens.wordpress.com/
Medical: Indemnity costs & walk away offers.
By Bill Madden
Busa v South Eastern Sydney Local Health District Trading as Sydney Eye Hospital (No 2) [2025] NSWSC 486 (Link to Caselaw).
Following entry of judgment for the defendant, this matter was revisited for the defendant’s application of an order…
Medical: Birth trauma claim.
By Bill Madden
Nemes v South Eastern Sydney Local Health District [2025] NSWSC 418
NEGLIGENCE – professional negligence – medical negligence – where child has disabilities including infantile seizures and Global Developmental Delay – whether disabilities are a result of a failure to…
Medical: Spinal anaesthetic damages assessment.
By Bill Madden
Fuller v ACT (No 2) [2025] ACTSC 174 (Link to JADE).
This was an assessment of damages following the remittal of these proceedings by the Court of Appeal: see Fuller v Australian Capital Territory [2024] ACTCA 19.
The plaintiff…
Medical: Injunctions to prevent identification of institutions and clinicians involved in care (UKSC).
By Bill Madden
Abbasi and another (Respondents) v Newcastle upon Tyne Hospitals NHS Foundation Trust (Appellant);Haastrup (Respondent) v King’s College Hospital NHS Foundation Trust (Appellant) [2015] UKSC 15 (Link to UKSC).
The text below is copied from the UKSC press summary.
Justices: Lord…
Medical: Pre-issue procedures (ACT).
By Bill Madden
Medical: Limitation law issues (Queensland).
By Bill Madden
Cheryl Ann Ringelstein v Metro North Hospital and Health Service [2025] QSC 75 (Link to JADE).
In June 2004 the plaintiff Cheryl Ringelstein was admitted to Caboolture Hospital and underwent a total abdominal hysterectomy and posterior repair performed by…
Abuse: NSWCA decision on duties, vicarious liability and non-delegable duties.
By Bill Madden
Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle v AA [2025] NSWCA 72 (Link to Caselaw).
Court headnote
The plaintiff (the respondent to this appeal) brought proceedings against the appellant for sexual assaults alleged to have…
Medical: Gender incongruence / dysphoria & best interests of the child.
By Bill Madden
Re: Devin [2025] FedCFamC1F 211 (Link to AUSTLII).
This decision is perhaps of interest as a contrast to earlier decisions on similar issues.
The proceedings concerned Devin, a biologically male child, born in 2013. Whether the child’s biological (or, as…
Medical: Eye surgery claim.
By Bill Madden
Busa v South Eastern Sydney Local Health District Trading as Sydney Eye Hospital [2025] NSWSC 130 (Link to Caselaw).
Judgment was entered for the defendant in this matter, arising from a procedure carried out on the plaintiff’s left eye…