Insights Categories: Medical Negligence

A cautionary tale: The risks of failing to test a witness’ evidence before trial, and the benefits of requesting a plaintiff commit to a version of events at the outset of a claim Bergin v Queensland Cork & Timber Solutions Pty Ltd [2019] QDC 141 is a decision recently delivered by Her Honour Judge Vicki […]

The concept of ‘Competent Professional Practice’ has been considered by Courts in a number of recent NSW cases determining medical negligence. In a recent medical negligence case South Western Sydney Local Health District v Gould [2018] NSWCA 69 (Gould),[1] the NSW Court of Appeal (NSWCA) considered the interpretation of the statutory ‘irrational’ exception to the […]

Hopes of helpful review of the current interpretation of the words “competent professional practice” as they appear in section 5O of the Civil Liability Act 2002 (NSW) (the Act) were dashed, as special leave to appeal was denied by the High Court of Australia (HCA) from a NSW Court of Appeal (NSWCA) medical malpractice case.[1] […]

A recent decision by the NSW Court of Appeal has given rise to hopes that the current interpretation of the words “competent professional practice” as they appear in section 5O of the Civil Liability Act 2002 (NSW) (the Act) may soon be revised. Two members of the judiciary commented critically on the standing interpretation of […]

The Supreme Court has considered the role of interrogatories and evidentiary statements in professional negligence proceedings, where a patient alleges that a physiotherapist needed to provide precautions and advice prior to, during and subsequent to a treatment. In September 2013 Mr Simon Arnold (‘plaintiff/patient’) received physiotherapy treatment from Mr Chris Matsias (‘defendant/physiotherapist’). The patient alleged that […]

Media Release: Australia’s Best Lawyers announcement on 7 April 2017 named Meridian Lawyers Special Counsel Peter Axelrod as a Lawyer of the Year for Aviation Law, following his recognition by Best Lawyers® in this area of law for the past 10 years. Meridian Lawyers congratulates seven Principals for their recognition as amongst the best in Australia in the 10th […]

Meridian Lawyers is delighted to be recognised in the Doyles Guide 2016 listing of leading law firms in 9 categories. Doyle’s Guide has also recognised Meridian’s Principals, who have been identified by their peers for their expertise and abilities in the following areas of practice: Compulsory Third Party Insurance Lawyers (Defendant) Recommended: Nevena Brown, Sydney Dust […]

Meridian Lawyers congratulates its Principals following their recognition as amongst the best in Australia in the 9th edition of Best Lawyers®. More than half the firm’s Principals are listed in the 2017 edition, demonstrating the team’s depth of experience and expertise across the areas of Insurance Law, Litigation, Commercial Law, Health & Aged Care Law, […]