Wrongful birth & autism: Normative causation

Khan v MNX [2018] EWCA Civ 2609 saw the Court of Appeal of England & Wales consider a wrongful birth claim arising from the negligent performance of an antenatal test in respect of haemophilia. The child was born suffering from haemophilia, but also suffering from autism. It was accepted by the defendant that the child's …

Expert witness defamation action & applications

Ghosh v Medical Council of NSW [2018] NSWCATOD 186 is a professional conduct matter which included focus on guidelines on the treatment of members of the family of a medical practitioner. Here, the practitioner had treated her son who suffered from autism. Of interest is the reference in the decision to the fact that Dr …

NDIS: Private motor vehicle funding & scheme sustainability

McPherson and National Disability Insurance Agency [2018] AATA 4303 saw the Tribunal revisit a refusal by the NDIA to fund a private motor vehicle for a 27 year old who suffered from muscular dystrophy & anxiety / depression. Mr McPherson argued that a private motor vehicle would allow him to leave his home, meet with …

Approval of birth trauma settlement

Following an earlier refusal of an approval application, a settlement of the same matter was approved earlier today: Ghazi by her tutor Sfajalani v Western Sydney Local Health District trading as Auburn Hospital [2018] NSWSC 1799. The court had the benefit of additional information about various disputes arising in the litigation and about the potential …

Parens patriae: Approval for eye surgery

H v P1 and P2 [2018] NSWSC 1676 related to proposed eye surgery (retinal reattachment) for a child born prematurely, for which the parents would not consent. Ultimately the court approved the surgery. At [54]: Ultimately, accepting that the responsibility for making the decision was mine, I did my best to imagine the difference in …

Cosmetic Health Service Complaints in New South Wales

The Committee on the Health Care Complaints Commission (NSW) has released its November 2018 report Cosmetic Health Service Complaints in New South Wales. The 16 findings and recommendations begin on page xiii. Recommendations 2-4 focus on the use of the titles 'cosmetic surgeon' and 'surgeon', recommending national or failing that State based legislation to limit …

Coronial findings: Palliative care in the neonatal phase

The Inquest into the death of Jaxon McGrorey-Smith (Coroners Court NSW, 14 November 2018) concerned a child born in 2011. Within hours of his birth Jaxon began to experience clinical and electrical seizures and needed respiratory support. These features led medical staff caring for Jaxon to believe that he was suffering from a serious brain condition. …

NSW Medical Council releases final report of Gail Furness SC into its processes with respect to Dr Emil Gayed

With thanks to Melissa Davey for drawing attention to the recent release by the NSW Medical  Council of a report by Gail Furness SC into its processes with respect to Dr Emil Gayed.  (A further report by Ms Furness, regarding NSW Health processes, is expected in January 2019.) The President of the Medical Council stated: …

Refusal of application to approve birth trauma settlement

Ghazi by her tutor Sfajalani v Western Sydney Local Health District trading as Auburn Hospital [2018] NSWSC 1743 is of interest as a refusal of an application for approval of a settlement for an infant. At [20] - [21]: I am aware that Ghina’s parents have expressed the not unreasonable and perfectly understandable view that …