Evidence and Transfer – A summary of recent Decisions of the Supreme Court in Central Queensland Key issues: Plaintiff will…
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WA hospital negligent for not recognising sepsis in infant burns patient resulting in irreversible brain damage
Abstract Western Australian hospital unsuccessful in appealing a finding of negligence based on an alleged failure to suspect, recognise and…
Supreme Court of Victoria opts to hear would-be jury trial by judge alone in an effort to keep the wheels of justice turning
As our clients will all be well aware, Victorian courts have presently suspended jury trials until further notice in response…
A case study in causation
Chester v WA Country Health Service [2019] WADC 152 The facts Mr Chester (Plaintiff) was a 26 year old male…
General practitioner successfully appeals negligence finding
Abstract A Sydney-based general practitioner has successfully appealed a finding of negligence based on an alleged failure to refer a…
VCAT confirms that disciplinary consequences may befall practitioners who treat their own family
In 2019 we have seen an increased focus by AHPRA and the National Boards on ensuring the observance of professional…
A reminder about the potential strength of ‘usual practice’ evidence
Phelan v Melbourne Health [2019] VSCA 205 Defending or even assessing the merits of an action in medical negligence can…
Restrictions on the use and disclosure of confidential communications between a victim of sexual assault and treating health practitioners
Legislation in Victoria now protects the medical and counselling records of victims of sexual assault from disclosure in Court hearings.[1]…
Federal Court confirms strict interpretation of the 80/20 rule under the Health Insurance Act 1973
In a recent decision, the Federal Court of Australia confirmed that health care practitioners alleged to have engaged in ‘inappropriate…
Sparks v Hobson; Gray v Hobson [2018] NSWCA 29: Is this a prelude to the expansion of the peer professional opinion defence in NSW?
A recent decision by the NSW Court of Appeal has given rise to hopes that the current interpretation of the…
The dentist as an independent expert witness
When a patient sues a dentist alleging negligence it is the role of the court to weigh up the evidence…