Failure to warn of a risk that did not materialise

A 'failure to warn' case, Wallace v Kam [2012] NSWCA 82, raised a novel issue before the New South Wales Court of Appeal. Mr Wallace underwent a fusion procedure, in an effort to alleviate pain caused by an intevertebral disc protrusion. Dr Kam did not warn him of the 5% risk of paralysis. The outcome …

Injunction to prevent termination of pregnancy?

The father (called Mr Talbot, a pseudonym) applied to the Family Court of Australia for an urgent injunction to prevent the mother, Ms Norman (also a psuedonym), from obtaining a termination of her pregnancy. Ms Norman although aged only 16, had one child from a previous relationship. Her pregnancy to Mr Talbot was at about …

Cosmetic procedures – national changes?

The Australian Health Ministers' Advisory Council has published a working group report, entitled 'Cosmetic Medical and Surgical Procedures - A National Framework'. The report makes a number of recommendations including: a prohibition on offering such procedures as prizes, commission payments and financing schemes protocols for adequate post operative care a 'cooling off period' of 3 …

Euthanasia – application for declaration that killing not unlawful

On 12 March 2012, Justice Charles handed a decision of the High Court Of England & Wales, in what is reported to be the first case of its type there: Nicklinson v Ministry of Justice [2012] EWHC304 (QB). The judgment is preliminary, confirming only that the applicant Mr Nicklinson has an arguable case. A full …