Abuse: Vicarious liability and conduct of investigation claims (UK)

BXB v Watch Tower And Bible Tract Society of Pennsylvannia & Anor (Rev 1) [2020] EWHC 156 (QB) (30 January 2020) (available on BAILII) applied English law to its consideration of vicarious liability for the sexual assault of a Jehovah's Witness member by an elder of the congregation. Of broader interest is an obiter but …

Medical expert ordered to pay defendants costs

In Thimmaya -v- Lancashire NHS Foundation Trust (30th January 2020, Manchester County Court) a medical expert was ordered to pay a significant part of the defendant’s costs when the court found that the expert had failed in his duties to the court. Following cross examination of the spinal surgery expert, the claimant discontinued her claim as …

Wrongful birth appeal: Breach and causation issues

Nouri v Australian Capital Territory [2020] ACTCA 1 (available on Austlii) saw the ACT Court of Appeal called upon to consider a wrongful birth claim where the plaintiffs had failed at first instance. As outlined at [7], the grounds of appeal challenging the primary judge’s findings concerning breach of duty are as follows: His Honour’s finding …

Legal management of the novel Coronavirus (2019-nCoV) in Australia

In NSW, “Novel Coronavirus 2019” was scheduled under the Public Health Act 2010 (NSW) by executive order on 21 January.  As a result, a number of statutory obligations and public health powers thereafter apply to identified cases, and to those who have come in contact with a case. This and other legal framework issues are addressed in a …

Unsatisfactory professional conduct by the publication of a blog

Health Care Complaints Commission v McGregor [2020] NSWCATOD 13 (available on Caselaw) mostly focuses on impairment, but is included here for two reasons: A finding that a purported mandatory report was misguided but not improper or unethical (at [51]); and A finding that a blog published on a medical practice website was (by reason of …

Report of the Independent Inquiry into the Issues raised by Paterson

With thanks to Victoria Lyon of Ringrose Law (UK) for drawing attention to the newly released February 2020 report entitled Report of the Independent Inquiry into the Issues raised by Paterson. In April 2017, Ian Paterson, a surgeon in the West Midlands, was convicted of wounding with intent, and imprisoned. In December 2017, the Government …