Paul v Cooke: Appeal dismissed by NSW Court of Appeal

The New South Wales Court of Appeal today dismissed the plaintiff's appeal: Paul v Cooke [2013] NSWCA 311. From the headnote:1. The harm suffered by Ms Paul resulted from the materialisation of a risk occurring that could not be avoided by the exercise of reasonable care and skill. The "reasonable care and skill" referred to …

Midwifery services regulation – South Australia

The  Medical Observer newspaper has reported that the South Australian government is to ban unregistered midwives and other unqualified practitioners providing birthing services.  Proposed penalties for those breaching the proposed laws include a fine of up to $30,000 or a maximum 12-month jail sentence.The proposals follow recommendations from a recent coronial  inquest that examined the deaths of …

Legal incapacity & the appointment of a litigation tutor

Although not a case related to medical litigation, Rappard v Williams [2013] NSWSC 1279 is a useful decision for its summary of law regarding legal incapacity in the context of the need for appointment of a tutor to conduct litigation for a plaintiff. The references are to New South Wales provisions, but the principles appear …

Bone marrow transplant for child: Court approval not required

Re Joel [2013] NSWSC 1299 saw the Court consider an application for approval of a bone marrow transplant procedure, for a very young boy suffering from infantile malignant osteopetrosis, a rare genetic disorder. The treatment was said to be necessary in order avoid further loss of his vision.The child was subject to an interim order for …

Inquiry into health care complaints NSW

With thanks to Donella Piper for drawing it to my attention, available online is the August 2013  report of the Committee on the Health Complaints Commission.The report is entitled Inquiry into health care complaints and complaint handling in NSW.The Committee's recommendations include standardization of complaints, better collection of data. The recommendations made are as copied below.RECOMMENDATION …

Intellectual disability: Approval for sterilization

With thanks to Dr Jammal for noting a novel recent decision dealing with sterilization of a 36 year old man with an intellectual disability.DE was said to have an effective age of 6 - 9 years. He could not live independently, had limited speech and was in effect dependent on his parents. DE had previously fathered …