Evidence & section 5D(3)(b) CLA NSW

Andrew Morrison SC has helpfully noted the following decision, which although not a medical claim could have significance for some medical claims if pleaded in a similar way: In PPK Willoughby Pty Ltd v Baird [2019] NSWSC 705 per Harrison J, (read on AUSTLII) the plaintiff sued the defendants, alleging that it suffered harm as a result …

Late amendments & conclaves

Although mostly involving consideration of expert evidence and the history of the particular litigation, Williams v Fraser [2019] NSWSC 876 is of interest as an example of an interlocutory consideration of an application for leave to file an amended statement of claim and to reconvene a causation conclave.

NDIS: Sex therapist funding

WRMF and National Disability Insurance Agency [2019] AATA 1771 was an application in respect of a reviewable NDIA decision, which required the Tribunal to consider whether sexual therapy at a cost of about $10,000 per year is a reasonable and necessary support for an applicant diagnosed with multiple sclerosis. The Agency argued that the applicant …

NDIS: ABA therapy for autism

Applied Behaviour Analysis (ABA) therapy was the subject of two recent NDIS appeals, as the two matters concerned brothers both diagnosed with autism spectrum disorder: FRCT and National Disability Insurance Agency [2019] AATA 1478 WKZQ and National Disability Insurance Agency [2019] AATA 1480 The decisions of the Tribunal required consideration of the evidence provided by …

Failure to apply serial troponin testing, with obiter consideration of when factual causation cannot be established.

With thanks to Julian Johnson for drawing attention to Lazarevski v North Metropolitan Health Service [2019] WADC 84. Having suffered sudden onset of chest pain radiating to her left arm, the plaintiff (aged 28 years) presented to the hospital for assessment. She was discharged some 4 hours later, but without blood testing for Troponin levels. …

Examination under anaesthesia without consent

An anaesthetist obtained an order to set aside his earlier Medical Council suspension as a medical practitioner in Hill v Medical Council of New South Wales [2019] NSWCATOD 97. During a colonoscopy, the surgeon identified an unusual tumour. At some point subsequent to that, the surgeon invited the applicant to palpate the tumour, saying words …

Universal Medicine: Solicitor’s conduct during litigation

Benhayon v Rockett (No 10) [2019] NSWSC 792 saw an order made by the court that certain documents be provided to the Prothonotary for referral to the Legal Services Commissioner of NSW, for his consideration of whether to initiate a complaint about the conduct of a solicitor on the basis that it may be capable …