This short update is designed to provide you with an overview of recent changes implemented by the District Court in NSW. The NSW District Court’s general jurisdictional limit has increased from $750,000 to $1,250,000 and applies to all proceedings filed in the Court on and after 16 December 2022. It should also be appreciated that […]
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High court affirms parents can consent to puberty blockers on behalf of their children
UK: Winding back Bell v Tavistock[i]; High Court affirms that parents can consent to puberty blockers on behalf of their children, which are not (of themselves) part of any “special category” of treatment requiring Court approval. Abstract In AB v CD & Ors[2], the UK High Court effectively reversed the practical effects of Bell (which […]
Gender Dysphoria and Children: Lessons from R v Tavistock
R v Tavistock, Gender Dysphoria and Children: puberty blockers “interlinked” with cross-sex hormones such that informed consent extends to understanding future physical consequences of treatment; under 16s “highly unlikely” to be Gillick competent. Introduction In R v Tavistock[1], The UK High Court has held that treatment for Gender Dysphoria (“GD“) is contingent on court approval […]
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 […]
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 […]
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 […]
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 […]
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 […]