The paperback and e-book versions of the new edition of Australian Medical Liability are now available on the LexisNexis store.
Ironmonger v Gunnedah Shire Council [2021) NSWPIC 48 (on Jade) is the first decision of the new NSW Personal Injury Commission to be mentioned on this blog. The claim before the Commission was for a workers compensation death benefit, but the issue of interest is whehter the treatment provided to the deceased at hospital was … Continue reading Breaking the chain of causation: Medical treatment.
ABC v Slowiaczek  NSWSC 330 (available on Caselaw) is a very short judgement, but is of interest for the context in which a pseudonym order was made. The plaintiff wished to institute proceedings claiming damages against a health professional who treated her over an extended period of time and was alleged to have inappropriately formed a … Continue reading Pseudonym order in action against health professional.
Released today were the findings of the NSW State Coroner into the deaths of John Edwards and his children Jack and Jennifer Edwards. The formal findings were that Jack and Jennifer Edwards were killed by their father John, who later died of a self inflicted gunshot wound. Although not the subject of the inquest, the … Continue reading Inquest into the deaths of John, Jack and Jennifer EDWARDS + Legal practitioner obligations.
Lexis Nexis yesterday kindly added the fourth edition of our book, Australian Medical Liability, to their online store. The paperback version is available for pre-order now (10% discount, delivery in April) with the ebook version to follow. (More information follows this strangely large image of the book cover.) As before Janine McIlwraith, Benjamin Madden and … Continue reading New edition of ‘Australian Medical Liability’.
A decision in December 2020 Bell v Tavistock and Portman NHE Foundation Trust & Ors  EWHC 3274 (Admin), available online, gained considerable attention in England and elsewhere when addressing the legal requirements for consent by minors and or court approval for gender dysphoria treatment. Apparently the hearing of an appeal from that decision will begin on … Continue reading UK: Further decision on gender dysphoria treatment & Gillick competence issues.
Bux v The General Medical Council  EWHC 762 (Admin) (on BAILII) concerned a medical practitioner who had prepared expert reports in food poisoning cases. He did this for a firm of solicitors in which his wife was a salaried partner. The existence of this relationship was never disclosed (to the other parties to the … Continue reading Expert witness duties + disciplinary action.
The Trustees of the Barry Congregation of Jehovah's Witnesses v BXB  EWCA Civ 356 (on BAILII) provides a UK appellate consideration of vicarious liability for the sexaual assault of a member of the Barry congregation. The trial judge had found that the first and second defendants, Watch Tower Bible and Tract Society of Pennsylvania … Continue reading Abuse: Jehovah’s Witneses (UK)
This belated note mentions Ugle v Masters  WADC 8 (on JADE), a stay application in an historic child sexual abuse action. The Court considered the various factors relevant to a potential stay application, which was refused on the facts despite the age and health status of the defendant given perhaps the lack of detailed … Continue reading Abuse: Stay application.
Polsen v Harrison (No. 4)  NSWSC 251 (on Caselaw) is of interest for its consideration of issues relevant to an application for amendment of a statement of claim during the hearing of a medical negligence action. The claim concerned gastric sleeve surgery. The propsed amendments included a new claim in trespass / battery. The … Continue reading Amendment of claim during hearing.