Daniel Davison

Principal
Brisbane

Daniel is highly regarded for his insurance litigation expertise, specifically in relation to medical negligence, health law, public liability and professional indemnity claims.

Daniel and his health team are one of the most specialised in Queensland, regularly defending major catastrophic medical liability claims for healthcare practitioners and medical facilities such as obstetric claims, neurosurgical incidents, and alleged misdiagnosis of various conditions such as cancer. He defends the interests of healthcare clients in investigations and proceedings commenced by a range of bodies such as OHO, AHPRA and the Coroner, as well as disciplinary proceedings in QCAT, Medicare processes (including PSR committee hearings), and Hospital & Health Service disciplinary processes. Known for his capacity to resolve novel claims, he assists healthcare practitioners in sensitive issues such as health impairments, credentialing disputes, registration disputes, research ethics investigations, defamation claims, discrimination complaints, and privacy complaints.  Daniel has acted in many high profile proceedings such as coronial inquests and Commissions of Inquiry. He is the incoming author of ‘Medical Negligence’ in the highly regarded Personal Injury Litigation Queensland legal loose-leaf service.

Well known for his technical expertise and understanding of insurance principles, Daniel is the co-author of the Insurance chapter in Lexis Nexis’ loose-leaf service ‘Court Forms, Precedents and Pleadings’, and is the new author of Practical Guidance Personal Injury Qld’s commentary on the Personal Injuries Proceedings Act 2002 (Qld).

Daniel’s expertise is sought out by a range of liability insurers and self-insurers and he regularly acts in claims involving injuries involving labour hire employees, injuries sustained by reason of unlawful acts of third parties (such as assaults), through to complex occupiers’ liability claims. He also has experience in defending personal injury law claims for psychological injuries caused by bullying, harassment or sexual molestation, including for the not-for-profit and faith sectors.

Daniel has had several articles published in industry publications including the Australian Insurance Law Bulletin and Australian Civil Liability. He is an active member of the Medico-Legal Society of Queensland. A highly sought after speaker, Daniel has presented at industry functions and events, including on multiple occasions to medical colleges, medical defence organisation forums, and to insurers and claims managers.

Daniel has been recognised in the peer-review guide, Best Lawyers Australia 2020, as a leading lawyer in Health and Aged Care Law, as well as a leading Medical Negligence Lawyer (Defendant) Queensland in Doyles Guide.

RECENT INSIGHTS
Jun 5, 2019

INSIGHT: Medicare Shared Debt Recovery Scheme to significantly affect recovery of incorrect Medicare billings from next month

From 1 July 2019, the Shared Debt Recovery Scheme will allow the Commonwealth Government to hold a practitioner (primary debtor) as well as another party such as medical and other health practices (secondary debtor) responsible for repayment of debts resulting from incorrectly claiming Medicare benefits. According to the recently enacted Health Insurance (Medicare Compliance Shared […]

Feb 5, 2019

INSIGHT: Federal Court confirms strict interpretation of the 80/20 rule under the Health Insurance Act 1973

In a recent decision, the Federal Court of Australia confirmed that health care practitioners alleged to have engaged in ‘inappropriate practice’ in providing 80 or more professional services on each of 20 or more days during a relevant period are burdened with the evidentiary onus of establishing that there was an absence of alternative medical […]

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