This case review is a reminder that claims for medical negligence often rest heavily on the expert medical evidence which each party introduces to the Court, and that the evidence of a treating expert is carefully considered by a Court when determining any factual findings.

This medical negligence claim against a chiropractor is a reminder of the way that memory changes and shifts over time, the critical importance of thorough clinical notes, and a further warning about the dangers of spinal manipulation for certain patients.

An intentional tort is a type of personal injury claim that relates to an intentional act that results in injury. The definition or meaning of “injury” is crucial. It could include, for example, assault, sexual assault and, with this recent judgement, deprivation of liberty or imprisonment.

In some circumstances, compensation can be available for injuries caused to you or your baby before, during or after childbirth, caused by negligent treatment or advice given by a health professional. This type of medical negligence compensation is commonly referred to as birth trauma claims.

A recent judgement out of the UK that addresses a historical medical negligence claim may have interesting consequences for upcoming cases in Australia. This birth trauma claim may provide some interesting commentary on how damages could be apportioned with injuries that are partially found to be caused by negligent treatment.

When I tell people that I’m a medical negligence lawyer, one of the most common questions is about one of the rarest events in medical negligence law: “Do you ever see cases where the surgeon has left scissors in the patient?” The answer is less exciting.

In the case of Waine v Carnival (P&O Cruises), Ms Waine sued for damages for medical negligence as a result of the advice and treatment provided by the medical officers on a cruise ship.

Are there any consumer protection rights or medical negligence compensation options if your cosmetic surgery goes wrong?

Introducing a “Ryan’s Rule” in Victoria, or an equivalent, will enable parents to be heard and listened to when their children are receiving medical treatment.

A comprehensive guide to solicitor/client costs, party/party costs and disbursements in medical negligence and public liability claims.

How should the law respond to medical negligence claims when hospitals and the health system in Victoria is in crisis?

It’s time for Victorian personal injury compensation laws to change to facilitate justice for grieving families.

What does the law say about the extent of the duty of local doctors (GP’s) in relation to referral of patients to specialists (for example surgeons) and other health services?

There are 3 requirements for a medical negligence claim for compensation: breach of duty of care, causation and an injury.

In this article, we explore why the law in medical negligence is so difficult and try and break down a few of the concepts and barriers in medical negligence claims.

A recent medical negligence case heard in Victoria’s County Court highlights the problem for injured patients where there is a difference between what the medical records say and the injured person’s recollections.

In February 2021, Better Safer Care Victoria provided a report on “sentinel events”; incidents in which a person receiving healthcare died or was seriously harmed.

In this article, we will look at how personal injury compensation, for example TAC or WorkCover benefits, may affect the supports a person with a disability receives under their NDIS plan.

A recent study shows that of all medical errors in Australia each year, approximately 140,000 relate to misdiagnosis or delays in diagnosis. About 21,000 of those cause serious harm and result in about 2,000–4,000 deaths. Errors in diagnosis represent almost half of medical negligence cases against general practitioners.

Most people incorrectly assume that the issue of informed consent is just about whether or not there is a signed medical consent form, but the issues surrounding consent are far more complex and much more interesting than the paperwork that sits on the back of the medical file.