As I have observed from time to time, a previously common, now almost universal sentiment of disappointment is expressed by clients when advised as to the likely scale of compensation they would be awarded by the courts for their pain,
West Australian Medical Negligence Law Blog
Insights On Medical Negligence Issues From The Perth Area And Throughout Australia
The West Australian Medical Negligence Law Blog, published by Julian Johnson Lawyers, focuses on legal issues surrounding medical negligence and malpractice in Western Australia. It covers a broad range of topics including birth injuries, misdiagnosis, hospital negligence, surgical errors, radiology mistakes, and claims related to various medical specialties such as orthopaedics, neurosurgery, gynaecology, psychiatry, and dental malpractice. The blog discusses legal principles, case law developments, compensation issues, and procedural aspects of medical negligence claims. It also addresses emerging areas like mental health-related claims and the financial implications of medical negligence for public hospitals and insurers.
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Paul v Cooke – High Court rejects timing difference as enough to prove causation
The High Court recently dismissed the special leave application brought in this case by Ms Paul, seeking to overturn the New South Wales Court of Appeal’s decision rejecting her claim.
As may be known, the case concerned a delay in…
Another Failure to Warn case lost (Odisho v Bonazzi [2014] VSCA 11)
The Victorian Court of Appeal delivered its decision in relation to the Appeal in this case on 18 February 2014. The Court of Appeal unanimously agreed to dismiss Ms Odisho’s appeal against the Trial Judge’s dismissal of her claim.
The…
Extensions of Time: Court of Appeal find a way to make sense of section 41 Limitation Act (Barr v Farrell)
On 10 September 2014 the Court of Appeal, by a majority of 2 to 1, upheld appeal against a decision by Judge Bowden in the District Court rejecting the applicant’s request for an extension of time in which to bring claim under…
Almario: the final chapter
To complete the journey, can confirm that the special leave argument on this case, mentioned in earlier posts, was dismissed by the High Court on 16 August 2013. The court did not required counsel for the respondent to make oral…
Bariatric Surgery Case fails on appeal: house of cards falls..
In Varipatis v. Almario [2013] NSWCA 76, the New South Wales Court of Appeal reversed the trial judge’s finding in favor of an obese patient alleging negligence on the part of his general practitioner in failing to refer him for…
Settlement of medical negligence claims (part 2)
Following on from my earlier post, because of the uncertainty that remains as to when a settlement becomes binding, if there is urgency, the uncertainty should be removed by express agreement. This is illustrated by a case resolved a month…
When does a claim’s settlement take effect in medical negligence cases? PART 1
I have recently had a couple of cases raising this issue, which arises from time to time, of when does a settlement actual become final + binding (so neither party can withdraw). I will cover the issues in 2 separate blog…
Key New Medical Negligence Case Decisions – no good news for plaintiffs!
After what I have felt has been a slow start to year, in terms of important medical negligence case law, 2 important decisions in 2 days…
On Monday, as reported, the NSW Supreme Court delivered the long awaited (it seems…
Are Medical Negligence Trials Facing Extinction?
Interestingly, I have, in the last 6 to 12 months noted a drop in the number of medical negligence and other personal injury claims proceeding to trial (it has to be said with some personal frustration/disappointment).
Traditionally my advice to…