HIV transmission case: A criminal law postscript

Paul Bibby of the Sydney Morning Herald today reported on the prosecution of a man for maliciously inflicting grievous bodily harm by the transmission of HIV, a charge to which he entered a plea of guilty.The HIV transmission later gave rise to the circumstances referred to in Idameneo (No 123) Pty Ltd v Dr Colin Gross [2012] …

Expert witnesses; Questions for experts in conferences

John v Henderson (No 1) [2013] NSWSC 1435 dealt with a dispute over the questions to be put to experts retained in a medical negligence dispute. Although the questions ultimately settled are not of general relevance, the Court's discussion at [19] - [26] of 'open' questions, matters of law and questions directed to provision of …

Witness immunity and expert reports

Although not a medical claim, Young v Hones [2013] NSWSC 1429 is interesting for its consideration of the immunity of expert witnesses to civil suit. The Court noted recent developments in the United Kingdom in Jones v Kaney [2011]UKSC 13, where a majority of the Supreme Court of the United Kingdom held that a retained expert …

Religious objection to blood transfusion: An appellate consideration

X v The Sydney Children's Hospitals Network [2013] NSWCA 320 saw the Court of Appeal (New South Wales) revisit a parens patriae order permitting medical practitioners to provide blood products to a boy aged 17 years. The boy had refused the transfusion and in so doing was supported by his parents.The matter was unusual as the …

New book: The Baby Farmers

Although not directly addressing medical law issues, those with an interest in Australian legal history may be interested in a recently published book by Associate Professor Annie Cossins from the University of New South Wales.Entitled The Baby Farmers, the book examines a series of coronial inquests and a criminal prosecution against the background of infant …

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 …