This much anticipated decision was delivered by Judge Goetze on 25 May 2012. As widely expected, Judge Goetze found in neurosurgeon Michael Lee (and paediatric oncologist Dr Baker’s favour) and dismissed Daniel Jordan’s claim.
The case is interesting as it
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.
Latest from West Australian Medical Negligence Law Blog - Page 5
time limits for latent medical claims (and other personal injuries) ARE retrospectively now set by 2005 Law
As a post-script to my post a couple of weeks ago, I confirm that Judge Schoombee has handed down her decision in Lola Phillips’ case.
This confirms that whether or not negligent care was before or after the Law change…
Home birth + Free Choice..
I was interested (and a little horrified) to read the recent coverage of the South Australian Coroner’s findings concerning 3 foetal deaths in SA, associated with home birth in ‘non-low-risk pregnancies’ (1 at least involving a breech presentation). See for…
Can ‘latent’ medical injury claims that were time barred before November 05 be brought now?
Just a short note that argument has taken place before Judge Schoombee in relation to this question, in the matter of Lola Phillips v Min for Health. As expected Judge Schoombee reserved her decision..
The key facts in the case…
Nathan Bracken: high profile medical negligence claim
I note recent reports confirming that Nathan Braken, who played 116 1 day internationals for Australia, has made a claim against Cricket Australia, alleging a negligent failure on its employed medical and physio staff, to appreciate he required knee surgery,…
How a Judge decides who to believe?
In passing I came across the following very good explanation of how a Judge is to weigh up and decided who to believe when 2 witnesses (in our context usually patient v doctor) give conflicting evidence on an important topic.…
The Humble Hot Chip!
As yet further proof that the most humble of circumstances can be made complex by the Law, the High Court recently (7 March 2012) handed down its decision in the “Big W hot chip case” (Strong v Woolworths [2012] HCA…
Time for Claim – Clarification of current position (a little..)
The Limitation Act 2005 came into effect in Nov 2005. Surprisingly, for non-lawyers anyway, there remains a fair amount of uncertainty as to such new scheme’s effect in several important respects, particularly:
- in terms of the time for claims alleging
…
Trials + Technology – video transcription: why not?
I recently sat in to watch several key portions of a well-publicised medical negligence trial, held in Perth in late 2011.
As with most such cases, each party called and relied upon leading expert medical witnesses, to comment on the…
section 47A catches its last victims….
If I had to pick one legislative provision which has resulted in more gross unfairness than any other, over the period of my career, its a ‘no-brainer:’ section 47A of the Limitation Act 1935.
Section 47A in the context I…