Insights Categories: Medical Negligence

Dec 6, 2019

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 […]

Nov 13, 2019

INSIGHT: A reminder about the potential strength of ‘usual practice’ evidence

Phelan v Melbourne Health [2019] VSCA 205 Defending or even assessing the merits of an action in medical negligence can often be challenging when the medical practitioners involved cannot recall the particular patient concerned. Through no one’s fault, memory can be impeded by the lapse of time and high patient volume loads. As such, it […]

Sep 23, 2019

INSIGHT: Ask for help, and ask early – advice for surviving an AHPRA notification

Meridian Lawyers regularly assists health practitioners who have been the subject of notification to statutory health authorities such as AHPRA, HCCC and the OHO. Our role is to help these practitioners understand, respond to and navigate the complaints process.  Unfortunately, we regularly hear clients express distress that they are the subject of complaint. Many suffer […]

Aug 21, 2019

INSIGHT: Case Note: Bergin v Queensland Cork & Timber Solutions Pty Ltd [2019] QDC 141

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 […]

Feb 12, 2019

INSIGHT: Is the ‘irrational’ exception feasible?

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 […]

Oct 10, 2018

INSIGHT: Professional Opinions – how much weight do they carry?

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] […]

May 31, 2018

INSIGHT: Sparks v Hobson; Gray v Hobson [2018] NSWCA 29: Is this a prelude to the expansion of the peer professional opinion defence in NSW?

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 […]

Apr 7, 2017

INSIGHT: Meridian Lawyers named in Best Lawyers in Australia 2018 edition

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 […]

Dec 7, 2016

INSIGHT: Meridian’s Principals recognised as leading lawyers by Doyles Guide

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 […]

Mar 16, 2016

INSIGHT: Meridian Lawyers named in Best Lawyers

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, […]