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A warning for experts and those who brief them

Whilst not medical negligence claims, we draw your attention to three recent District Court of NSW decisions of Her Honour, Gibson DCJ concerning applications for approval of infant settlements (Saleh by his tutor Abusaleh v Li [2017] NSWDC 305; Kandil by his tutor Kandil v Halliday [2017] NSWDC 327; and Tartak by her tutor Tartak v Zada [2017] NSWDC 330).
  • 24 Nov 2017

Failure to establish suicide attempt was related to discharge advice

The Court of Appeal upheld the trial judge’s decision that the plaintiff ‘s claim failed as he failed to establish that the advice provided on discharge for a period of leave, or the lack thereof, was causally related to his subsequent attempt to commit suicide and consequential hypoxic brain injury.
  • 6 Jun 2017

Failure to abandon surgery results in damages of $3.8M

In a recent Supreme Court of NSW decision, the plaintiff was successful in his claim against an orthopaedic surgeon an anaesthetist in relation to paraplegia suffered during surgery to correct a spinal deformity. The plaintiff was awarded a sum in excess of $3.8M plus legal costs.
  • 19 May 2017

A need for targeted prevention of suicide by health professionals

A recent coroner’s inquest into the death of a RANZCOG trainee from an accidental overdose of intravenous drugs, including propofol, midazolam, and fentanyl, has highlighted the problem of diversion of drugs of addiction from hospitals. The inquest also highlighted a number of other issues which are of relevance to hospitals and doctors.
  • 7 Dec 2016

Impact of NDIS on interim payment application

Eastbury v Genea Limited (formerly known as Sydney IVF Limited) [2015] NSWSC 1834
  • 24 Aug 2016

Primary Claim relates to alleged negligence in the Medical Care Sector

This Supreme Court decision relates to an application for leave to file and serve a Further Amended Statement of Claim by a self represented litigant. The defendants opposed the application.
  • 6 Apr 2016

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