Insights

  • Health,
  • Sep 22, 2020
  • Author: Andrew Saxton
  • INSIGHT: UK High Court applies established duty of care principles to legalise professional guidance which permits disclosure of confidential information to a proximate third party without consent

    ABC v NHS — Background The UK High Court[1] applied established duty of care principles to legalise professional guidance which permits disclosure of confidential information to a proximate third party without consent, in circumstances where the medical professional has properly undertaken the requisite balancing exercise of risks and interests affecting the patient, third party and […]

  • Health,
  • Apr 9, 2020
  • Author: Andrew Saxton
  • INSIGHT: WA hospital negligent for not recognising sepsis in infant burns patient resulting in irreversible brain damage

    Abstract Western Australian hospital unsuccessful in appealing a finding of negligence based on an alleged failure to suspect, recognise and treat an infant patient for sepsis subsequent to a burn injury, leading to cardiac arrest, multi-organ failure, brain damage and cerebral palsy.[1] Damages yet to be agreed or assessed.   District Court proceedings[2] Sunday Mabior […]

  • Health,
  • Dec 6, 2019
  • Author: Andrew Saxton
  • INSIGHT: General practitioner successfully appeals negligence finding

    Abstract A Sydney-based general practitioner has successfully appealed a finding of negligence based on an alleged failure to refer a patient for specialist treatment in the context of particular pathology results (which predated his involvement in the patient’s care) on a background of a chronic and prolonged health condition.   District Court proceedings [1] Mr […]

  • Health,
  • Mar 14, 2018
  • Author: Andrew Saxton
  • INSIGHT: Outrage as junior UK doctor is convicted of manslaughter and struck off

    Introduction The UK case involving Dr Hadiza Bawa-Garba, a junior doctor convicted of manslaughter and subsequently struck off the UK medical register, is raising alarm in the international medical community. The case has sparked discussion among doctors around the world about the role of self-appraisals and highlighted the difficulties faced by junior clinicians working in […]

  • Health,
  • Dec 7, 2017
  • Author: Andrew Saxton
  • INSIGHT: Video: Negligence and Consent in the Medical Profession

    In this video, originally published by BenchTV,  Principal Andrew Saxton and Anthony Bartley SC discuss the salient features of Tinnock v Murrumbidgee Local Health District (No 6) [2017] NSWSC, specifically, a phrase in a consent form, signed and read by the plaintiff, which allegedly evoked an understanding that her surgical operation might be performed by […]