Recent medical negligence articles & seminars
Many of our medical negligence lawyers
are recognised as leaders in their field. They are regularly
invited to present at key industry conferences and have been
published in a variety of health and legal publications.
Browse the information below to
learn more about Maurice Blackburn's expertise in the application
and interpretation of the law relating to medical negligence.
Articles
Life
expectancy
Author: Anna Walsh
Publication: Precedent
Date: March/April 2012
Synopsis: This articles reviews the approaches
taken by the courts in deciding the issue of life expectancy in
catatstrohpically injured plaintiffs.
A critical
evaluation of the pre-litigation protocols
Author Ramina Kambar and Greg Walsh
Publication Precedent
Date September/October 2011
Presentation synopsis A review of the
legislative provisions that have recently been introduced by the
Commonwealth and NSW government that require parties involved in a
civil dispute to take formal steps to resolve the dispute before
proceedings can be commenced.
Causation in
medical negligence
Author Anna Walsh
Publication Precedent
Date July/August 2011
Synopsis This article provides an update on recent
case law interpreting the statutory requirements of causation
as set out in the Civil Liability Act.
Limitation Periods - A State-by-State
Review
Author Anna Walsh, Dimitra Dubrow, Sharn Hobill,
Janelle Morgan and Joel Matar
Publication Precedent
Date September/October 2010
Synopsis A review of the limitation laws on a
state by state basis for personal injury claims in the ACT, QLD,
NSW, NT, WA, SA and TAS for adults, infant Plaintiffs and persons
under a legal disability. This article discusses the pre-court
procedures applicable in some jurisdictions and the way in which
limitation periods have changed in the context of tort reform.
Tabet v Gett: The end of loss of chance
actions in Australia?
Author Greg Walsh and Anna Walsh
Publication Journal of Law and Medicine Vol
18 No 1
Date September 2010
Synopsis A review of the concept of loss of chance
claims at law including the procedural history, contractual claims
for loss of chance and loss of chance in a variety of non-medical
cases following from the High Court decision in the case
of Tabet v Gett. This case determined
that a Plaintiff is unable to recover compensation where a
Defendants' breach of duty of care causes the loss of a possibility
rather than a probability of a better medical outcome.
Loss of a chance
Author Dimitra Dubrow
Publication LIV Journal
Date September 2010
Synopsis This article summarises and discusses the
implications of the High Court's decision in 2010 of Tabet v
Gett in which the Court found that compensation in a
medical negligence claim cannot be recovered if the doctor or
hospital's negligence resulted in a lost chance of a better medical
outcome. Rather, a plaintiff must show that the
negligence caused the injury on the balance of probabilities.
The merits of a presumed consent approach to organ
donation
Author Greg Walsh
Publication Health Law Bulletin
Date July 2010
Synopsis A review of the arguments for and
against a presumed consent approach as opposed to the "opt in"
approach to organ donation and its impact on donor autonomy, rate
of organ donation and practical concerns for families of deceased
donors in Australia.
Notes on Negligence
Author Anna Walsh and Duncan Graham
Publication Australian Doctor
Date June 2010
Synopsis This article reviews the importance of
contemporaneous record keeping by treating doctors during patient
consultations in defending against negligence claims which was
highlighted in the NSW Supreme Court case of Thompson v
Haasbrook [2009], a case run by Maurice Blackburn.
Measuring Legal Expertise
Author Greg Walsh
Publication Law Society Journal
Date June 2010
Synopsis This article reviews the merits of
imposing a national law examination across core legal and
cross-jurisdictional subject areas to assess legal knowledge and
skills for the purpose of improving standards of practice and
qualification amongst Australian law graduates.
Duty of care in IVF goes beyond ensuring a
successful pregnancy
Author Thena Kyprianou
Publication Precedent
Date May/June 2010
Synopsis Reviews wrongful birth claims in the
context of IVF treatment and the scope of a doctor's duty of care
to patients as highlighted in the unanimous decision of the ACT
Court of Appeal case of G & M -v- Armellin
[2009]. In this case, run by Maurice Blackburn, the
Plaintiffs were successful in demonstrating that there was a breach
of duty of care by their treating obstetrician in the fertilisation
of two separate embryos in the absence of consent resulting in
pregnancy.
Difficulties in proving causation in delayed
diagnosis of an emerging condition
Author Libby Brookes
Publication Precedent
Date May/June 2010
Synopsis This article reviews the potential
consequences of delay in diagnosis of a medical condition and the
difficulties faced in establishing negligence where the condition
is an emerging one and develops over time, as highlighted in
the NSW Supreme Court decision in Thompson -v- Haasbrook
[2009] . This case was run by Maurice
Blackburn and the Plaintiff was successful in
demonstrating that there was a failure by her general practitioner
to investigate symptoms of persistent neck pain resulting in
incomplete quadriplegia.
No duty of care owed by hotel operators
Author Anna Walsh and Greg Walsh
Publication Precedent
Date March/April 2010
Synopsis A review of the scope of the duty of care
of a hotel operator and licensee to a patron as highlighted in the
High Court decision in CAL No. 14 Pty Ltd v Motor Accidents
Insurance Board and CAL No. 14 Pty Ltd v Scott [2009], where
the majority found that no duty of care existed where
a hotel patron suffered a fatal motor bike
accident.
When can the limitation period for childbirth claims be
extended?
Author Libby Brookes and Greg Walsh
Publication Australian Health Law Bulletin
Date January/February 2010
Synopsis Review of the Court's determination on
whether limitation period can be extended to permit an infant
plaintiff to commence a legal action and the question of whether a
Defendant can be stopped from relying on a limitation period
defence if the delay is caused by a Defendant's failure to provide
relevant evidentiary material as highlighted in the District Court
of Western Australia decision of Asher-Relf bhnf Douglas
Bean v Minister for Health & Ors [2009], a case run
by Maurice Blackburn.
At full
capacity
Author Anna Walsh and Greg Walsh
Publication Precedent
Date January/February 2010
Synopsis Review of the factors to be considered in
assessing whether a Plaintiff has legal capacity to carry on and
settle proceedings and the issue of whether they are incapable of
managing their own affairs as highlighted in the NSW Supreme Court
decision in the case of Farr v State of Queensland
[2009], a case run by Maurice Blackburn.
At the intersection of law and medicine: promoting
the inherent dignity and human rights of persons with
disabilities
Author Greg Walsh and Anna Walsh
Publication Australian Health Law Bulletin
Date March 2010
Synopsis Review of the inherent rights of persons
with disabilities in civil cases for compensation involving medical
negligence. The article explores examples of cases
involving actions for wrongful birth, wrongful life, and treatment
of infants and adults with disabilities.
Can there be a positive maternal duty of care to
the unborn in Australia?
Author Anna Walsh
Publication Australian Health Law Bulletin
Date March 2010
Synopsis Review of the civil duty of care to an
unborn child, whether this duty extends to a mother to protect
against injuries to her unborn and the current status of the legal
rights of an unborn child in the law of negligence.
Medical Practitioners and the duty to rescue
Author Greg Walsh and Anna Walsh
Publication Precedent
Date March/April 2010, Issue 97
Synopsis Review of whether there should be an
exception to the general common law position regarding the duty to
rescue, the scope of a medical practitioner's duty of care to
assist and whether there should be a positive duty of care imposed
on medical practitioners to assist persons in need.
Restrictions on recovery for pure mental
harm
Author Anna Walsh
Publication Precedent
Date March/April 2009
Synopsis Review of the recent cases and
legislative developments affecting the scope of an action by a
patient for pure mental harm in medical negligence cases where a
Defendant has failed to exercise reasonable care to protect a
patient against psychiatric injury.
Damages for Wrongful Birth
Author Anna Walsh and Libby Brookes
Publication Precedent
Date March/April 2007
Synopsis Review of wrongful birth cases including
Cattanach v Melchoir [2003], Brown v Thoo [2004],
Gentile v Gentile & Ferris, Veivers & Connolly
[1995], the damages available in medical negligence cases for
wrongful birth, as distinct from wrongful life, for the additional
costs associated with raising a disabled child and the unsettled
case law surrounding the quantification of damages in wrongful
birth cases in Australia.
An
example of a 15% assessment of non-economic loss
Author Anna Walsh
Publication Precedent
Date March/April 2007
Synopsis Review of what the Court will consider
15% of a most extreme case in awarding non economic loss damages to
a Plaintiff in a medical negligence claim as highlighted in the
unreported NSW District Court decision in the case of
Bowden v Georghy [2006], a case run by Maurice
Blackburn where the Plaintiff was successful in establishing
negligence by her general practitioner arising from the removal of
a black tattoo resulting in scarring and pigmentation.
Shouldering
the burden of disclosure: Wighton v Arnot
Author Peter King
Publication Australian Health Law Bulletin
Date October 2005
Synopsis Review of the Court's restatement of the
principles of the duty of a medical practitioner to disclose and
follow up patients who may have suffered injuries during surgical
procedures as highlighted in the NSW Supreme Court case of
Wight v Arnot where the Plaintiff was successful in
establishing negligence arising from a post-operative failure to
investigate, diagnose, disclose and treat injuries.
Update on wrongful life and wrongful birth
actions
Author Anna Walsh and Carly Meagher
Publication Australian Health Law Bulletin
Date July 2005
Synopsis Review of the difference between wrongful
life and wrongful birth claims as highlighted in the test case on
wrongful life: Harriton v Stephens, a case run by Maurice
Blackburn. The article includes discussion of the
impact of amendments to the Civil Liability Act, 2002 on
wrongful birth actions, how these affect a Plaintiff's entitlement
to claim general damages and the extent of damages claimable for
the additional costs of raising a child born as a result of
negligence.
Wrongful life appeal
Author Anna Walsh
Publication Precedent
Date July/August 2005
Synopsis Review of the High Court's decision to
grant leave to appeal in the matter of Harriton v
Stephens, a test case run by Maurice Blackburn about scope of
the duty of care that exists between a doctor and a patient and the
failure to provide information to a pregnant woman to allow her to
make an informed choice about termination and the rights of a child
born as a result of the continuation of a pregnancy.
A guide to
general damages for 'wrongful birth' cases
Author Anna Walsh and Carly Meagher
Publication Australian Health Law Bulletin
Date February 2005
Synopsis Review of awards for non-economic loss
for pain and suffering arising from pregnancy, labour and delivery
in wrongful birth cases as highlighted in the unreported NSW
District Court decision of Brown v Thoo [2004], a
case run by Maurice Blackburn.
General damages for 'wrongful birth'
Author Anna Walsh
Publication Precedent
Date January/February 2005
Synopsis Review of the Court's reasoning behind an
award for non-economic loss for pain and suffering arising from
pregnancy, labour and delivery in the case of Brown v Thoo
[2004], a case run by Maurice Blackburn where the Plaintiff
successfully brought a wrongful birth claim arising from negligent
administration of the contraceptive device, Implanon.
Perspectives on Finch v Rogers
Author Niall Connolly
Publication Australian Health Law Bulletin
Date May 2004
Synopsis Review of the elements required to
establish a causal connection between a breach of duty of care and
consequent damage in medical negligence cases as highlighted in the
NSW Supreme Court decision of Finch v Rogers
[2004] where the Plaintiff was successful in establishing
negligence arising from his doctor's failure to follow up and
request blood tests postoperatively resulting in unnecessary cycle
of chemotherapy treatment and associated injuries.
PD v Harvey: Revisiting a doctor's duty of
care to sexual partners
Author David Hirsch
Publication Australian Health Law Bulletin
Date July 2003
Synopsis Review of the NSW Supreme Court of
PD v Harvey [2003], a case run by Maurice Blackburn
where the Plaintiff was successful in establishing negligence
arising from his doctor's failure to follow up in circumstances
where he had been referred to another health care professional,
thereby extending the scope of a doctor's duty of care to a patient
beyond consultation to the need to keep appropriate records and
instigate appropriate follow-up.
Seminars
Critical evidence in medical negligence cases
Presenter: Anna Walsh
Date: March 2012
Presentaion synopsis: This paper on critical
evidence in medical negligence litigation was presented at the
Australian Lawyers Alliance State conference.
Joint expert conferences of witnesses
Presenter: Anna Walsh
Date: March 2012
Presentation synopsis: This paper on joint
conferences of expert witnesses was presented at the College of Law
in Sydney.
Practical considerations in running a medical negligence
case from a plaintiff lawyer's perspective
Presenter: Anna Walsh
Date: March 2012
Presentation synopsis: This paper was given at a
Legalwise seminar on medical negligence and focussed on factual
disputes in medical negligence cases.
Identifying the evidence needed to successfully bring
medical negligence claims
Presenter: Ramina Kambar
Date: 16 November 2011
Presentation synopsis: This presentation was an
overview on evidence to be considered in medical negligence cases
and presented at the Grace Hotel as part of a Lexis Nexis Personal
Injury Conference.
Medical practitioners and the failure to follow up
Presenter Anna Walsh
Date February 2011
Presentation synopsis The paper on litigation
arising from a medical practitioner's failure to follow up on test
results was presented at the Australian Lawyers' Alliance regional
seminar in Newcastle.
Medical Negligence Update
Presenter Anna Walsh and Greg Walsh
Date November 2010
Presentation synopsis A review of a doctor's duty
to follow up on patients; how to calculate damages and limitaiton
periods for medical negligence claims. This presentation was made
at the annual Maurice Blackburn legal education workshop for
community legal centres.
Common Law Personal Injury
Claims - medical negligence
Presenter Dimitra Dubrow
Conference Young Lawyers Lecture Series, Law
Institute
Date September 2010
Presentation synopsis At this an annual
engagement, the presentation covered all elements of medical
negligence claims, including the latest court decisions and
legislation.
A review of medical neglgience
cases involving obstetric issues
Presenter Anna Walsh
Date September 2010
Presentation synopsis A review of how recent
cerebral palsy cases were either won or lost. This presentation was
made at the Annual Obstetric Malpractice Conference.
Tabet v Gett
High Court decision and current trends in medical
negligence
Presenters Kathryn Booth and Dimitra Dubrow
Date July 2010
Presentation synopsis This presentation to the
Office of the Health Services Commissioner provided a summary of
the key High Court decision of Tabet v Gett, dealing with
recovery of damages for loss of a chance in medical negligence, as
well as highlighting recent trends in Medical Negligence
litigation.
Practical aspects of preparing for difficult medical
negligence cases and time limits
Presenters Kathryn Booth and Dimitra Dubrow
Date April 2009
Presentation synopsis Topics in this presentation
included an overview of the practical aspects of acting for
plantiffs and time limits for commencing claims, including the
latest court decisions relating to time limits. This
presentation was made to the office of the Health Services
Commissioner.
Medical negligence: recent cases
Presenters Anna Walsh and Libby Brookes
Date March 2009
Presentation synopsis A review of recent topical
cases in medical negligence and limitation laws. This presentation
was made at the Legal Education Workshop for Community Legal
Centres.
Medical negligence: recent cases and topical
issues
Presenters Anna Walsh
Date February 2009
Presentation synopsis A review of recent topcial
cases in medical negligence. This presentation was made for
participants in The Continuing Legal Education Centre's Annual
Personal Injury Seminar day.
If you would like further information in relation to
any of these presentations please contact Maurice Blackburn's
Medical Negligence department on 1800 810 856.