Privacy breach: Incorrect email address.

‘SD’ and ‘SE’ and Northside Clinic (Vic) Pty Ltd [2020] AICmr 21 (available on AUSTLII) saw a complaint by two persons relating to the respondent’s disclosure of their personal information (identity information and HIV status) to an unknown recipient, at an incorrect Gmail email address, on two occasions. The incorrect email address belonged to an …

The New Psychology of Expert Witness Procedure.

The New Psychology of Expert Witness Procedure by Jason Chin & others [2020] Sydney Law Review 3 is an interesting discussion on whether procedural reforms can effectively regulate expert witnesses. The authors make a case in favour of procedural reforms. They say that codes of conduct require specific and direct wording that experts cannot interpret …

Pharmacists subject to complaints.

Pharmacists subject to complaints: a national study of pharmacists reported to health regulators in Australia, by Taouk, Bismark & Hattingh, builds up earlier work done through the Centre for Health Policy at the University of Melbourne in health & legal profession complaints analysis. This study noted that fewer than 1% of pharmacists were the subject …

NDIS: Back injury, permanence of impairment & health system.

Jourfian and National Disability Insurance Agency [2020] AATA 1883 (available on JADE) required the Tribunal to consider an NDIA review, with the usual need to consider the statutory requirements for access to NDIS supports. The applicant had suffered a back injury. The Tribunal noted at [41] the inconsistent evidence before about whether surgery could reduce …

Mediation in healthcare claims – an evalution.

With thanks to Julie Somerville for drawing attention to the evaluation report published by NHS Resolution (UK). The organisation notes that in December 2016, NHS Resolution (known at the time as the NHS Litigation Authority) took the ground-breaking step of becoming one of the first indemnifiers in the UK to establish a mediation panel with …

Factual causation: Multiple routes.

Although not an injury claim, Brocklands Pty Ltd v Tasmanian Networks Pty Ltd [2020] TASFC 4 (available on JADE) is of interest as an appellate consideration of civil liability legislative causation provisions. Blow CJ with Pearce J agreeing, was satisifed satisfied on the balance of probabilities that the damage to the program logic controller and any …

Alleged breaches by catering and nursing staff of hospital.

A verdict was entered for the defendant in Hawkins v South Western Sydney Local Health District [2020] NSWDC 308 (available on JADE), in which the plaintiff alleged that as a consequence of the defendant’s negligence he suffered harm in the form of a serious infection which caused a large incisional hernia which in turn made …