Medical Negligence Law

Medical negligence injuries compensation. If you believe you, or someone you know, has suffered due to medical negligence, then please complete your free legal enquiry form on the left, or click here.

Medical Malpractice is also known as medical negligence and clinical negligence.

Medical Negligence Claims

In general legal terms, medical negligence may justify a claim demanding compensation for injury suffered by a patient undergoing medical care by a doctor or some other medical professional including GP's, surgeons, specialists, dentists, anaesthetist. Although some patients may take into account filing a medical negligence claim, the truth is that negligence on its own is not sufficient for taking this particular course of action.

There are various situations that may demand filing a medical malpractice claim, and to do that the patient must be aware of the rules and procedures associated with filing such a claim. These official terms may differ according to where the patient lives and where the medical negligence occurred. Deciding whether to take the case to court the patient must follow certain steps, and the most important step is determining whether the patient is able to prove his claims or not.

Every day in hospitals and medical institutions, trained medical professionals make misdiagnoses and mistakes when carrying out procedures, yet these malpractices may often go unnoticed or unreported within Australia. If you feel like you have been subjected to medical malpractice then be sure to seek the advice of a legal representative, such as a qualified medical negligence lawyer who may be able to seek compensation on your behalf. This can be a small way to compensate for the emotional, financial or physical anguish caused by medical negligence.

What situations are suitable for making a medical malpractice claim?

The following situations can give rise to a medical negligence claim:

  1. Medical malpractice claims can be made when a medical practitioner, such as your doctor, dentist or surgeon causes you harm as a direct or indirect result of their actions. An example of direct medical actions that may cause harm include a misdiagnosis of your medical situation, which may result in mistreatment of prolonging of treatment to the detriment of your health and well being. This can occur when a doctor for example provides you with an incorrect medicine, which you have an allergic reaction to or make you ill.
  2. Your medical practitioner misinforms or carries out medical procedures without your consent. This could include not informing you of the associated risks of a certain form of surgery and you suffering from those risks. The same applies to mis-prescribing medicines or treatment, which results in physical or emotional pain.
  3. The medical practitioner does not give adequate care or treatment to the patient within a reasonable time frame. This could include not offering surgery on a ailment that ultimate leads to further medical complications. Failure to recommend any treatment may cause further harm to the patient.

Examples of treatment which may be considered negligent (depending on the circumstances of the case):

  • failing to diagnose a condition;
  • failing to provide the appropriate treatment for the condition;
  • failing to refer to a specialist;
  • delay in diagnosis;
  • failing to advise of risks associated with treatment;
  • failing to perform surgery with reasonable care and skill;
  • failing to report correctly on test results;
  • failing to provide post-operative care with reasonable care and skill.

Without a background in medical law, it may be difficult to understand if your doctor for example has acted negligently, which is why you should seek professional advice before filing a claim for medical malpractice.

What is the process of claiming medical negligence?

You should first establish that medical negligence has occurred, which can be validated by seeking a second opinion from a qualified medical practitioner or seeking the advice of a medical malpractice lawyer. This can help to validate your claim that medical malpractice has occurred. The lawyer will also help to ascertain whether or not you have a case for filing for medical malpractice and if you have a chance of winning, given your circumstances and the actions of the medical practitioner.

If you believe you have a medical negligence matter then please complete you free legal enquiry form on the left, or click here.

To successfully get a medical malpractice claim to court, you will need to ensure that beyond reasonable doubt, the medical practitioner has not performed their duties to the fullest, which can be made more simple with professional help.

To seek professional help, please complete you free legal enquiry form on the left, or click here.

With professional help, your medical malpractice claim will have the greatest chance of being resolved, with the best possible outcome, without litigation. Also, With professional help, your medical malpractice claim will be more likely to succeed in a legal hearing. You health and well being is of utmost importance, so be sure to make a medical malpractice claim if you feel you have been treated in a negligent manner by a health care professional.

If you believe you have a medical negligence matter then please complete you free legal enquiry form on the left, or click here.

SOME FURTHER GENERAL INFORMATION REGARDING MEDICAL NEGLIGENCE

What is medical malpractice and what must be proven?

Medical Negligence is where an injury or death was caused by the negligence of a medical professional.  Doctors, nurses, dentists are expected to act professionally and ethically at all times.   Sometimes however medical professionals, like anyone, make mistakes.  They may make poor judgments because of being tired and overworked or in a situation where they are under-qualified.

In a short explanation medical malpractice is when a doctor, surgeon, nurse, dentist, medical facility or hospital does something to a patient under their care that ends up harming the patient due to negligence, hence the phrase "Medical Negligence".

Whatever the reason if you or someone in your family have been injured or died by medical treatment then you may be entitled to compensation.

To find out if you have a Medical Negligence Claim please complete your free Legal Enquiry Form.

Health care providers, doctors, nurses, dentists and other medical practitioners must provide treatment and advice that is in accordance with a reasonable standard of care. If your health care provider or general practitioner fails to take “reasonable care” then they have breached their duty of care to you. Failing to take reasonable care, in circumstances where the health care provider could or should have foreseen that their actions could injure you, is medical negligence. If you have suffered from medical negligence, then you may be entitled to compensation for your injuries, disabilities, suffering and loss. Please complete our FREE online Legal Enquiry Form, to discover the compensation you could be entitled to.

To find out if you have a Medical Negligence Claim please complete your free Legal Enquiry Form.

Generally speaking, to establish medical negligence, it must be proven that:

  1. The doctor owed the patient a duty of care;
  2. The doctor breached that duty of care by some act or omission;
  3. This act or omission has caused the patient physical and/or financial harm.

1. Duty of care.

Because of the dependence upon the health care practitioner for physical and mental care and well-being of the patient, the law has established that he/she owes the patient a "duty of care". This is based on the principle that a person must take reasonable care to avoid acts or omissions which would be likely to harm any person they ought reasonably foresee as being so harmed. If they fail to do this, a healthcare or general practitioner may be liable in a civil action for negligence.

2. Breach of Duty of Care.

In considering whether one has breached a duty of care, the courts look at the standard of care which would be reasonably expected from a person acting in the defendant's circumstances, in the capacity in which the defendant was acting (eg as a doctor, nurse, dentist etc).

Healthcare practitioners do not have to be perfect, but have only to exercise the skill that a reasonable practitioner professing the skills in question would be expected to exercise in the circumstances. To help the court make an assessment in this regard, expert witnesses (other healthcare practitioners experienced in the field) are called to give their opinion as to whether the actions in question were in fact reasonable under the circumstances.

It is impossible to set out a comprehensive explanation of what is a reasonable standard of care that covers every possible health care situation in one statement. Each case must be considered on its own merits.

To find out if you have a Medical Negligence Claim and the potential compensation entitlements you could receive, please complete your free Legal Enquiry Form, or click here.

3. Damages

A plaintiff must show that he/she suffered from harm, and that the harm was caused by the defendant's act or omission. Just as one can cause harm to another, but will not be liable at law if he or she was not negligent, a person can be negligent, but not be liable at law if no damage as been caused.

In law, the amount of compensation granted as a result of a successful negligence action is referred to as "damages".

Damages may be awarded for:

  • medical expenses
  • cost of appliances or housing alterations for someone with a physical disability
  • cost of care and domestic assistance
  • loss of income
  • general damages for pain and suffering.
  • if you have suffered an injury, disability or a worse outcome as a result of:
  • medical error
  • poor medical treatment
  • delay in diagnosis
  • wrong diagnosis
  • wrong treatment and/or medication
  • loss of a chance at a better outcome

From a doctor, nurse, dentist, hospital or other health professional, then you may be entitled to compensation. If you have lost a loved one as a result of medical error or medical neglect, you may also be entitled to compensation.
Do not delay in seeking legal advice as strict time limits apply to the making of compensation claims.

To find out if you are entitled to compensation for medical negligence, please complete your free legal Enquiry Form, or click here.

What should I do if I or a loved one feels they have experienced medical malpractice?

If you feel that you or someone that you love has been a victim of this then the best thing that you can do is to make sure that you speak with a medical negligence lawyer, as soon as possible. Click here to be put in contact with a specialist Medical Negligence Lawyer and find out whether you might have a case against the doctor or hospital.

What should I expect from a medical negligence claim?

There really isn't any set thing that you should expect as each case is unique. The outcome will depend on exactly what happened, what you are asking for and what the doctor or hospital chooses to do. Many times the doctor or hospital will do whatever they can to try and make sure that the matter gets settled out of court. The reason is that they simply don't want to get any bad press for going to Court. This can often be good for the person that was the victim as it will help them to move on faster. The thing that you need to remember is that the amount that you will get and the process in which you much go through will vary from case to case.

If you believe you have a medical negligence matter then please complete you free legal enquiry form on the left, or click here.

 

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Additional Information - Medical Negligence Law


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Medical Negligence Law Discussion Forum

Medical Negligence Law Discussion Forum

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Medical Negligence Law News

The most common types of medical negligence you can claim compensation for.

What is a medical negligence claim for compensation?

Claiming Medical Negligence - Medical Negligence Claims

Do you have a Medical Negligence Claim?

To understand what a "medical negligence claim" is one must look at the meaning of each word in turn.

"Medical" - this refers to the medical and dental professions. It includes doctors, consultants, nurses, dentists, the ambulance service and all other medical treatment providers, medical practitioners and health care professionals.

"Negligence" - for example: in the medical profession this means that a doctor acted with skill at a lower standard than that which would normally be expected of a doctor.

When it comes to diagnosis - a doctor must show that he acted in accordance with a respected group of medical thought to avoid being negligent. It does not mean that he has to have acted with the only group of medical thought as there are likely to be several.

"Claim" - this can be a claim for compensation for personal injury (damages), financial loss or both.

So a "medical negligence claim" is a claim for compensation for mistakes made by the medical professionals.

If you believe that you have a medical negligence claim, then please complete your free legal enquiry form to request help from a lawyer. Click here to complete your free legal enquiry form.

What are the different types of medical negligence you can claim compensation for?

There are many different types of medical negligence you can claim compensation for including:

Birth Injury

Compensation can be claimed for a child born disabled due to incorrect administering of drugs to the mother prior to birth or due to an error made during the birth itself.

Hospital negligence

There are many mistakes that a hospital can make that can lead to injury. For example - if you went into surgery with a failing kidney and by mistake the hospital removed your healthy kidney you are entitled to compensation.

Negligence on the part of doctors, nurses and health care professionals in hospitals can result in patient injury and even death. Injury caused by medical mistakes in hospitals can lead to future health concerns, additional hospital bills and unnecessary emotional distress.

Dental negligence

For example - a dentist who misinterprets your x rays leading to a healthy tooth being removed.

Negligent medical advice

For example - if a doctor does not warn you correctly about the risks of an operation and something goes wrong you may be entitled to compensation. Had you known the real risk of the operation you may not have consented to it taking place.

Negligence nursing

Nurses are as much a part of the medical profession as doctors so their mistakes can equally lead you to having a claim for compensation.

Sterilisation failure/ failed abortion

A compensation claim can be made for the birth of a child that was not planned. Had the sterilisation or alternatively an abortion been performed correctly the a child would not have been born.

Battery

If you are operated on without giving consent - your person is invaded which is known as battery for which you are entitled to claim compensation.

As soon as you suspect you have suffered personal injury due to medical negligence there are some important steps you should take.

If you believe that you have a medical negligence claim, then please complete your free legal enquiry form to request help from a lawyer. Click here to complete your free legal enquiry form.

Negligent diagnosis

When visiting a doctor, a patient expects that the symptoms presented will prompt the proper diagnosis, leading to a successful treatment and recovery. Health care professionals have a responsibility of providing a standard of care that promotes the well-being of the patient. Unfortunately, negligence on the part of the doctor could lead him or her to misdiagnose a condition, creating additional health concerns for the patient.

In some cases, a completely wrong diagnosis is given based on symptoms that may be similar to the actual condition. In these cases, a doctor may have performed an inadequate examination and made a diagnoses based on negligent findings. This can result in the prescription of unnecessary drugs (medication errors) and also allows the misdiagnosed condition to go untreated.

Another case of misdiagnosis occurs when a secondary condition goes undetected and an inadequate or incorrect drug is prescribed. In cases of both wrong diagnosis and undetected secondary conditions, a risk of harmful reactions to incorrect drugs is possible, and an untreated condition can result in further medical deterioration or even death.

Delayed diagnosis occurs when a condition is overlooked as a result of a negligent examination, allowing the condition to worsen before it is detected. This could lead to increased illness and a more complex treatment method when the condition is finally detected.

If you believe that you have a medical negligence claim, then please complete your free legal enquiry form to request help from a lawyer. Click here to complete your free legal enquiry form.

Surgical errors

Negligence can lead to infection or surgery on the wrong body part or the wrong patient.

Cosmetic Surgery

Cosmetic surgery is performed to alter a person’s appearance. Reconstructive surgery also is considered cosmetic surgery but is performed to correct disfigurement.

With cosmetic surgery, negligence can occur, causing physical and even life-threatening side effects.

Medical malpractice in the field of cosmetic surgery can occur when unqualified doctors perform what are seemingly simple cosmetic procedures.

Prescription Errors

Medication errors are among the most common medical errors, causing injury and even death. Types of hospital medication errors include:

  • Miscommunication of drug orders (e.g., confusion over drugs with similar names, confusion based on prescription labeling)
  • Inappropriate labeling during packaging
  • Lack of proper drug information
  • Incomplete collection of patient information

Medication errors can occur throughout the medical profession within the process of providing prescription or non-prescription drugs to patients. The physician has the responsibility of staying knowledgeable about the medications he or she is prescribing. A pharmacist is expected to dispense the correct drug in correct doses. Nurses must know enough about medications to identify inaccurate prescriptions or dangerous drug combinations.

If you believe that you have a medical negligence claim, then please complete your free legal enquiry form to request help from a lawyer. Click here to complete your free legal enquiry form.

Other Medical negligence related topics and issues also include:

• Medical negligence claim process
• Funding a medical negligence claim
• Orthopaedic injuries
• Medical negligence in hospitals and surgery practices
• Medical negligence and dentists
• Delayed cancer diagnosis and medical negligence
• Incorrectly delivered drugs and medical negligence
• Obstetrics and medical negligence
• Neonatal conditions
• Surgical errors
• Obtaining health records
• Making a complaint 
GPs and medical negligence
• Misdiagnosing breast cancer
• Medical negligence and lung cancer
• Medical negligence and cosmetic surgery
• Brain hemorrhages
• Medical negligence & misdiagnosis
• Medical negligence & hygiene
• A prescription for medical negligence
• Psychiatric medical negligence claims e
• Drug trials gone wrong
• Medical negligence and the three-year claims limit
• Medical negligence costs
• Medical negligence claims for failed sterilisation
• Medical experts for negligence claims
• Osteopaths, chiropractors and medical negligence
Health Care complaints
• Medical negligence and cerebral palsy
• Common medical errors
• Medical negligence and the 'eggshell skull'
• Lacking out-of hours care to medical negligence
• Step-by-step complaints procedure
• Medical negligence - giving evidence
• Medical negligence compensation and blood loss
• Instinct and medical negligence claims
• Avoiding medical negligence
• Fewer dentists, more medical negligence claims?
• Medical negligence compensation and doctor qualification
• Medical negligence solicitors and anaesthetic awareness
• Free eye tests, not medical negligence
• Medical negligence compensation
Laparoscopic medical negligence compensation
• Medical negligence compensation
• Junior doctors and clinical negligence
• DVT medical negligence compensation
• Personal injury solicitors for botched cosmetic surgery
• Cosmetic surgery risk in spotlight
• Medical negligence and child hearing loss
• Bedsores and medical negligence
• Medical negligence claims and alternative referrals
• Medical negligence compensation and food hygiene
• Medical negligence compensation and doctor drug use
• Plastic surgery 
• Medical negligence compensation and celebrity payouts
• Medical negligence and necrotising fasciitis
• Medical negligence and secondary vicitms
• MRSA medical negligence aims stated
• Medical negligence claims
• Meningitis and medical negligence
• Clinical negligence and methadone withdrawal
• Clinical negligence and Crohn's disease
• Medical negligence and steno
• Medical negligence compensation for "harvesting"
• Hospital delusions and clinical negligence
• Medical negligence, brain injury and hypothermia
• Bone cancer medical negligence claim
Subarachnoid haemorrhage medical negligence claims
• Medical negligence and cosmetic laser treatment
• Kidneys and medical negligence compensation
Pseudonomas aeruginosa and medical negligence
• Medical negligence in outsourced procedures
• Medical negligence and vermin in hospitals
• Epilepsy misdiagnosis and medical negligence compensation
• Medical negligence and hospital death rates
• Cancellations and clinical negligence solicitors
• Medical negligence claims for cancer
• Private sector medical negligence claims
• Clinical negligence, trauma patients and delays
• Medical negligence and alcohol gel
• Clinical negligence and recycling drugs
• Medical negligence and capital concerns 
• Medical negligence and financial management
• Consent forms and medical negligence
• Medical negligence and hysterectomy
• Medical negligence compensation case after misdiagnosis
• Medical negligence compensation and robots
• Medical negligence compensation and the checklist
• Accreditation for medical negligence claims
• Hospital in medical negligence claim over bowel misdiagnosis
• Medical negligence the zero tolerance approach to hygiene
• Medical negligence claim against German hospital
• Medical negligence claims and long-term liability
• Cruise ship injury and the medical negligence solicitor
• Medical negligence claims and Scotland's waiting times
• Keep medical negligence claim records
• Medical negligence claims and ECT-narcosis
• Medical negligence and C. diff difficulties
• Medical negligence and radiotherapy
• Misdiagnosis medical negligence claim
• Medical negligence solicitors and drug deaths
• Medical negligence claim system proposals
• Medical negligence claims and hygiene reminder
• Medical negligence and never events
• Medical negligence and accepting the inevitable
• Medical negligence over DVT misdiagnosis
• Medical negligence
• Medical negligence compensation and learning disability
• Lost notes in medical negligence claim
• ENT and medical negligence
• Medical negligence compensation and "appalling" hospital
• Clinical negligence doctor to patient HIV
• Clinical negligence and aortic dissection
• Compensation for clinical negligence and infertility
• Medical negligence and peritonitis
• Medical negligence misdiagnosis alarmingly common
• Medical negligence and still births
• Care complications and clinical negligence solicitor
• Medical negligence claims and tracheotomies
• Medical negligence and wrong drugs
• MRSA and other infections
• Medical negligence and holidays abroad
• Scheme for vaccine compensation
• Medical negligence claims the "perfect storm"
• Medical negligence claim and A&E
• Clinical negligence claim for diagnostic mistake
• Surgical error scenarios
• Finding a medical negligence lawyer
• Clinical medical negligence and swine flu
• Cancer misdiagnosis and medical negligence
• Medical negligence and misdiagnosed back pain
• Medical negligence lawyers and the contaminated blood bill
• Compensation for medical negligence and bedsores
• Medical negligence claim and birth injury
• Compensation for surgical error and 7 inch forceps
• Medical negligence claim and gastric bands
• Compensation for medical negligence and pressure sores
• Meningitis and medical negligence claim
• Spinal injury claim and compensation
• Medical negligence and admitting liability
Metacarpophalangeal articulation compensation
• Medical negligence and misdiagnosis
• Clinical negligence claim for surgical error
• The meaning of negligence in a medical claim
• Hospital claims caused by A & E blunders
• Negligence claims and the vuvuzela
• Compensation for delayed appendicitis surgery
• Medical negligence solicitor helps with care issues
• Clinical negligence and the coroner
• Medical negligence and dirty laundry
• Stomach ulcer clinical negligence claim
• Medical negligence and misuse of technology
• Medical negligence claim and post op infections
• Medical negligence solicitor's advice on misdiagnosis
• Legal professionals for a clinical negligence claim
• Surgical errors and clinical negligence
• Clinical negligence and mental patients
• Complaints about midwife negligence
• GP medical negligence and meningitis
• Sepsis in clinical negligence claims
• Medical error and botox
• Hip dysplasia in a clinical negligence compensation claim
• More Never Events in medical negligence list
• MRSA farm claim
• Medical negligence solicitor aids skin cancer victim
• Misdiagnosis compensation for cancer errors
• Medical negligence compensation for blood clots
• Misdiagnosis claim and rare diseases
• Accident claim online for clinical negligence
• Left-right confusion surgical error compensation
• Medical negligence compensation after cosmetic dentistry
• Medical negligence compensation slow and inefficient
• Surgical error compensation liability after sterilisation
• Compensation for medical negligence and WHO checklist
• Clinical negligence over heartburn and heart attack
• Men, women, cosmetic surgery and negligence
• Men, women, cosmetic surgery and negligence
• X-ray medical negligence claims
• Having twins and medical negligence claims
• A medical negligence claim and nil-by-mouth status
• Medical negligence claim for athletes and actors
• Wrong site surgery claim for compensation
• Lack of medical care could lead to medical negligence claims
• Clinical negligence compensation and ambulances
• Never-ever clinical negligence
• Advice on pre-eclampsia tests and medical negligence
• Medical negligence lawyers for incorrect injection
• Medical negligence consequence of laser eye surgery
• Clinical negligence compensation solicitor for infant death
• Wrong site surgery claim and technology
• Negligence compensation for amputation
• Medical negligence claims and taxpayer money
• Pressure sore prevention and medical negligence solicitors
• Medical negligence lawyers and iatrogenesis
• Surgical error compensation after keyhole surgery
• Misdiagnosis and Lyme disease
• Bromine poisoning claims
• Tonsil-related medical negligence solicitors 
• Penile surgical error compensation case
• Medical negligence and laser eye surgery
• Risks behind the removal of tonsils
• Surgical error compensation and counterfeit mesh
• A brachial plexus injury caused at birth or in later life
• Making a GP claim
• Anaesthetist clinical negligence
• Industrial injury compensation for loss of loved one
• A medical negligence lawyer could help you with your claim
• Information about spinal cord injury treatments
• Clinical negligence solicitors for families and patients

If you believe that you have a medical negligence claim, then please complete your free legal enquiry form to request help from a lawyer. Click here to complete your free legal enquiry form.

Types of medical negligence injuries

If you believe you have suffered an injury or illness as a result of negligent medical treatment, please complete your free legal enquiry form to request legal help from a medical negligence lawyer.

Medical negligence can lead to injuries, illness or even death, all of which can be claimed for. The types of injuries that can be claimed for are wide ranging however the more common include:

  • Brain injuries including cerebral palsy and child brain injuries
  • Pregnancy and maternal injuries
  • Spinal injuries
  • Amputation injuries
  • Orthopaedic injuries
  • Surgical injuries
  • Cosmetic surgery injuries
  • Bowel injuries
  • Exacerbation of illnesses, such as cancer, by poor or late diagnosis
  • Illnesses caused by poor standards of hygiene such as MRSA
  • Musculoskeletal injuries due to poor orthopaedic surgery
  • Nursing and care home abuse

Clinical negligence can seem daunting because it is a highly complex and specialist area of law. We have medical understanding as well as legal knowledge, and the ability to empathise with people who have been injured by negligent treatment.

This is a specialist area of law, specialist solicitors are much more likely to make an accurate assessment of the chances of success in claiming compensation for medical negligence and to get the best result for their clients.

Medical Negligence lawyers have experience and expertise in all types of medical negligence claims - in particular, claims against government hospitals, private hospitals, GPs, dentists, physiotherapists, osteopaths and most other healthcare professionals.

Medical Negligence claim include:

  • Amputations
  • Arterial damage
  • Birth injury
  • Brain injury
  • Bladder and urogenital system injuries
  • Bowel injury
  • Cauda equina syndrome
  • Cerebal palsy syndrome
  • Compartment syndrome
  • Consent
  • Court of protection
  • Death and fatal accidents
  • Delay in diagnosis for appendicitis
  • Delayed cancer diagnosis
  • Dental negligence
  • Eye surgery
  • Gall bladder surgery
  • Gynaecological
  • Incorrect interpretation of X-rays and scans
  • Infections including MRSA
  • Joint replacements
  • Missed broken bones, delay, issues
  • Needlestick injuries
  • Nerve damage
  • hospital complaints
  • Personal injury trusts
  • Plastic or cosmetic surgery
  • Poor nursing care
  • Prescription errors
  • Product liability
  • Pulmonary embolism and deep vein thrombosis
  • Spinal cord injury
  • Surgical items left in patients following operations
  • Testicular torsion
  • Undiagnosed, misdiagnosed or misdiagnosis of benign tumours
  • Wrongful birth and conception

If you believe you, or someone you know, has a medical negligence claim, then please complete your free legal enquiry form to request help from a medical negligence lawyer.

Medical Negligence Law Updates

Applying for Medical Negligence Compensation

Sun, 13 Feb 2011 01:53:55 +0000

The following article gives an overview of how you pursue a medical negligence compensation claim. While the author is a British solicitor (lawyer), the process is basically the same in the United States. By Tim Bishop It’s not the easiest … Continue reading

read more


The How And Why Of Failure to Diagnose

Fri, 04 Feb 2011 02:53:16 +0000

For us lay people, it seems that failure to diagnose an illness shouldn’t happen. However, as David Austin points out below, misdiagnosis is fairly common and can easily occur. Medical care providers have to vigilant and “be on their p’s … Continue reading

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How To File A Medical Malpractice Lawsuit

Sun, 30 Jan 2011 03:55:56 +0000

How do you actually file a medical malpractice lawsuit? The blunt and honest answer is – you don’t. Unless you are a lawyer. And, if you are a lawyer that has suffered medical malpractice and file your own lawsuit, you … Continue reading

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Medical Malpractice Lawsuit – Damages And Causes

Fri, 28 Jan 2011 03:58:17 +0000

In a medical malpractice lawsuit, a patient who was injured by the negligence of a health care provider seeks compensation for his/her injuries. Injuries can cause a patient to suffer different damages. Below, David Austin gives a brief review of … Continue reading

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Pharmacy Negligence May Be Medical Malpractice

Sat, 22 Jan 2011 04:25:21 +0000

It is strange, but we often think that only doctors and hospitals can commit medical malpractice. However, all health care providers can commit malpractice. This includes pharmacies. As James Blatt describes below, there are several ways a pharmacy may be … Continue reading

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Medical Negligence And Cerebral Palsy Malpractice

Tue, 18 Jan 2011 02:39:49 +0000

Medical negligence committed at and during the time of a baby’s birth may cause Cerebral Palsy. Below, Gary Wais has listed a number of negligent actions or lack of actions by doctors and health care providers that can cause Cerebral … Continue reading

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Are Dentist Mistakes Medical Malpractice

Tue, 11 Jan 2011 01:44:52 +0000

Dental malpractice is medical malpractice. For some unknown reason, a lot of people do not think of dentist as medical providers. but they are medical providers. Their focus is on providing good health by taking care of patients’ teeth and … Continue reading

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Malpractice – Failure to Meet the Standard of Care

Mon, 10 Jan 2011 04:09:50 +0000

As an aid in understanding the medical malpractice definition, Attorney David Austin has written the following article that touches on three aspects of medical malpractice. First, he notes some of the damages that a victim of medical negligence may suffer. … Continue reading

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2 Reports That Make Or Break Medical Malpractice Lawsuits

Wed, 05 Jan 2011 03:00:20 +0000

Medical malpractice lawsuits are based on the belief that a health care provider did something negligent and that a patient was injured as a result. There are 2 reports that will make or break any medical malpractice case. First, a … Continue reading

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Medical Malpractice and Cancer Misdiagnosis

Tue, 04 Jan 2011 04:20:59 +0000

By Chris N. Jackson One of the most common reasons medical malpractice lawsuits are brought forth is because of patient misdiagnosis. This type of suit is especially disturbing because when an illness or condition is not properly diagnosed; proper treatment … Continue reading

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These news come from Medical Malpractice Ezine.

Canada's plans to legalize marijuana contravene UN's international conventions

Mon, 16 May 2016 09:00:00 PDT

The Canadian government's plan to legalize marijuana contravenes its current legal obligations to the United Nation's international drug-control conventions, states a commentary in CMAJ (Canadian...

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Oklahoma researchers find that a biological 'good guy' has a dark side

Thu, 05 May 2016 02:00:00 PDT

A pair of Oklahoma Medical Research Foundation scientists have discovered that an enzyme previously thought only to be beneficial could, in fact, pose significant danger to developing embryos.

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Handwashing gets skipped a third of the time in outpatient healthcare

Tue, 12 Apr 2016 03:00:00 PDT

Despite having policies in place to prevent infections, staff at outpatient care facilities fail to follow recommendations for hand hygiene 37 percent of the time, and for safe injection practices...

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Sepsis: Causes, Symptoms and Treatment

Thu, 11 Feb 2016 00:00:00 PDT

Find out why sepsis is getting more attention. Know the signs and symptoms, and learn how emergency medicine is facing up to this potentially lethal blood poisoning from infection.

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Doctor raises serious questions about medical awards system

Tue, 02 Feb 2016 16:00:00 PDT

Club culture' in British medicine must be replaced, argues senior heart doctor.

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Small number of physicians linked to many malpractice claims, Stanford researchers say

Thu, 28 Jan 2016 00:00:00 PDT

A substantial share of all malpractice claims in the United States is attributable to a small number of physicians, according to a study led by researchers at Stanford University and the University...

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Low reflective ability is risk for professionalism lapses during medical school and beyond

Mon, 25 Jan 2016 01:00:00 PDT

Might it be possible to identify and then reach out to help medical students whose actions may put them at risk of lapses in professionalism in medical school and beyond?

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Texas laws would limit access to abortions and create grave risk to the public health

Fri, 15 Jan 2016 06:00:00 PDT

High Court will hear arguments on Whole Woman's Health v. Cole in March; Decision expected in late June.

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Progress toward creating broad-spectrum antiviral

Fri, 18 Dec 2015 04:00:00 PDT

Compound found to trigger innate immunity against viruses.UW researchers working in collaboration with Kineta Inc.

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Higher physician spending linked with fewer malpractice claims, finds US study

Wed, 04 Nov 2015 16:00:00 PDT

A higher use of resources by US physicians is associated with a reduced risk of malpractice claims, finds a study published by The BMJ this week.

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Studying cancer DNA in blood may help personalize treatment in liver cancer

Tue, 03 Nov 2015 05:00:00 PDT

Fragments of cancer DNA circulating in a patient's bloodstream could help doctors deliver more personalized treatment for liver cancer, Japanese researchers report.

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Ombudsman reveals wide range of public service failures across NHS in England and UK government departments

Thu, 22 Oct 2015 00:00:00 PDT

Too many unresolved complaints are being taken to the Parliamentary and Health Service Ombudsman which could have been resolved by public services locally, meaning that people are left waiting...

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Trial review confirms common antidepressant is 'unsafe and ineffective' for teens

Thu, 17 Sep 2015 00:00:00 PDT

From a reanalysis of original trial data from 2001, researchers find the antidepressant paroxetine and the higher dosage drug imipramine are no better than a placebo.

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Male doctors more likely to face legal action than female colleagues

Thu, 13 Aug 2015 01:00:00 PDT

Male doctors are almost 2.5 times more likely to have medico-legal action taken against them than female doctors, according to the findings of a new study.

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Doctors testified against dying cancer patients for tobacco companies

Mon, 20 Jul 2015 09:00:00 PDT

A new study sheds light on the actions of a small pool of expert witnesses testifying against dying cancer patients filing lawsuits against tobacco companies.

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Long-term memory formation

Thu, 04 Jun 2015 00:00:00 PDT

NYU scientists find that growth factors that build brains also build memoriesA team of New York University neuroscientists has determined how a pair of growth factor molecules contributes to...

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Examination of nondisclosure agreements in medical malpractice settlements

Wed, 13 May 2015 02:00:00 PDT

A review of medical malpractice claim files at an academic medical center found that while most settlements included nondisclosure clauses there was little standardization or consistency in their...

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Physicians acknowledge ordering unnecessary tests often due to fear of unlikely diagnosis, malpractice

Wed, 25 Mar 2015 02:00:00 PDT

A survey of emergency physicians provides insight into reasons behind the estimated $210 billion spent annually on medically unnecessary tests and procedures.

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Combination therapy boosts antiviral response to chronic infection

Wed, 25 Mar 2015 00:00:00 PDT

A Yale-led team has identified a promising new combination immunotherapy to enhance the body's ability to fight chronic viral infections and possibly cancer.

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Doctors show race and social bias in study - but clinical decisions 'unaffected'

Thu, 19 Mar 2015 00:00:00 PDT

In online psychological tests of automatic responses, clinicians at a hospital showed subconscious race and social class biases, but these did not influence overall care provision.

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Neurosurgeons avoid brain surgery, conduct unnecessary tests 'out of lawsuit fear'

Mon, 02 Feb 2015 07:00:00 PDT

The results of a new survey find that neurosurgeons operate in a climate of fear from potential malpractice suits, with 80% admitting to practicing defensive medicine

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Second Turkish man sentenced for smuggling counterfeit cancer drugs

Tue, 27 Jan 2015 02:00:00 PDT

The U.S. District Court of the Eastern District of Missouri has sentenced Sabahhadin Akman, an owner of the Turkish firm Ozay Pharmaceuticals, to 30 months imprisonment and a $150,000 fine for...

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Prison policies vary on treating transgender inmates, which could put inmates and institutions at risk

Wed, 26 Nov 2014 00:00:00 PDT

Gina Gibbs, a University of Cincinnati criminal justice doctoral student, presented a synopsis of the legal issues posed by such inmates at the annual meeting of the American Society of Criminology.

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Doctors protected for Good Samaritan acts, UK

Thu, 06 Nov 2014 02:00:00 PDT

Doctors have an ethical duty to assist members of the public for Good Samaritan acts and will be covered in the unlikely event of a litigation claim arising, says UK-wide medical defence...

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Study finds reduction in rate of paid medical liability claims

Mon, 03 Nov 2014 02:00:00 PDT

A new study indicates that there has been a sharp reduction in the rate of paid medical liability claims and flat or declining levels in compensation payments and liability insurance costs over the...

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These news come from Litigation / Medical Malpractice News From Medical News Today.

New York Hospital to Pay $2.2 Million Over Unauthorized Filming of 2 Patients

Thu, 21 Apr 2016 15:32:36 -0500

NewYork-Presbyterian Hospital had allowed television crews to film two patients without their consent: one who was dying, the other in significant distress.

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3 Top Officials Leaving Coney Island Hospital After Patient’s Death

Fri, 04 Mar 2016 16:57:06 -0500

Gisele Soto, who died a month ago at the hospital, was treated as though she were emotionally disturbed rather than severely ill, relatives said.

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Doctors Who Get Sued Are Likely to Get Sued Again

Wed, 27 Jan 2016 17:00:28 -0500

One percent of all doctors account for 32 percent of all paid malpractice claims.

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Reducing Unnecessary C-Section Births

Tue, 19 Jan 2016 03:21:50 -0500

A pilot project in hospitals in California finds ways to avoid Caesarean sections when the expense and risks are not medically necessary.

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When Good Medicine Mixes With Bad

Mon, 11 Jan 2016 16:56:35 -0500

Two sides of health care swirl together, almost impossible separate. And missteps lead occasionally to beneficial results.

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The Doctor Is Out. For Good.

Fri, 25 Dec 2015 16:00:31 -0500

I’d gone to my physician for years. Then one day, he was gone.

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A Small Indiana Town Scarred by a Trusted Doctor

Sat, 17 Oct 2015 06:05:01 -0500

Nearly 300 patients have filed lawsuits against a local cardiologist and his two partners, claiming that they performed needless operations.

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Hospital Errors That Put Lives at Risk

Tue, 15 Sep 2015 03:21:00 -0500

Readers react to a doctor’s account of taking matters into his own hands when he felt that a hospital was not properly treating his daughter.

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When Bad Doctors Happen to Good Patients

Mon, 31 Aug 2015 03:20:04 -0500

If hospitals and the medical community won’t police incompetent physicians, who will?

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Attack on Nurse Stirs Discussion of a Medical Strike in China

Mon, 08 Jun 2015 01:53:58 -0500

A discussion on Hippocratic Community, a site catering to medical workers, revealed a profession under siege after years of underfunding by the state and mounting anger from patients fed up with corruption and malpractice.

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These news come from Medical Malpractice.

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Texas Medical Malpractice Basics

Wed, 17 Jun 2015 16:47:32 +0000

Texas, like most states, has laws regarding medical malpractice. These laws exist to define and limit the scope of medical malpractice legal claims. These types of laws can limit damages that plaintiffs can seek, establish limits on the time that one has to file a Read More

The post Texas Medical Malpractice Basics appeared first on MedicalMalpracticeLawyers.md.

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How Long Will My MedMal Case Take?

Tue, 12 May 2015 17:55:56 +0000

No medical malpractice cases are exactly the same. In fact, medical malpractice is one of the most complex areas of the law which means that resolution to medical malpractice lawsuits can take a substantial amount of time. Expert medical opinions are commonly required, and the Read More

The post How Long Will My MedMal Case Take? appeared first on MedicalMalpracticeLawyers.md.

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How Can You Tell If You Have a Medical Malpractice Case?

Fri, 06 Mar 2015 17:30:42 +0000

It isn’t easy. The process involved in determining whether or not the actions of a medical professional caused the injury that a patient suffered is long and arduous. It will require that a malpractice attorney be retained for the purpose of discovering the answer to Read More

The post How Can You Tell If You Have a Medical Malpractice Case? appeared first on MedicalMalpracticeLawyers.md.

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Top 10 Causes of Medical Malpractice Suits

Sun, 01 Feb 2015 17:31:03 +0000

Malpractice is the negligence or “failure” of a medical professional in rendering the proper diagnosis and treatment to their patient. This can result in serious injury and possibly even death of the patient being treated by the negligent physician. Listed below are the top ten Read More

The post Top 10 Causes of Medical Malpractice Suits appeared first on MedicalMalpracticeLawyers.md.

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Avoid Being a Victim of Medical Malpractice

Thu, 08 Jan 2015 17:33:59 +0000

With so many lawsuits for medical malpractice swirling out there, many people are worried that by simply going to the doctor, they are opening themselves up for a butchering. The fact of the matter, though, is that a huge majority of medical professionals are never Read More

The post Avoid Being a Victim of Medical Malpractice appeared first on MedicalMalpracticeLawyers.md.

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Definitions for Common Medical Malpractice Legal Terms

Wed, 12 Nov 2014 19:23:46 +0000

If you’re involved in a medical malpractice lawsuit or are considering filing a suit, you’ll want to familiarize yourself with some of the legal terminology that you’re likely to encounter in the course of your suit. The following are some basic terms used in malpractice Read More

The post Definitions for Common Medical Malpractice Legal Terms appeared first on MedicalMalpracticeLawyers.md.

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The Process of Taking a Malpractice Case to Trial

Tue, 14 Oct 2014 19:37:54 +0000

Medical malpractice litigation is one of the most costly and time-consuming types of litigation that goes through U.S. courts. Claims are much more complicated than they are with other forms of personal injury cases, and both sides will make as many attempts as possible at Read More

The post The Process of Taking a Malpractice Case to Trial appeared first on MedicalMalpracticeLawyers.md.

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How to Calculate the Financial Damage of Medical Malpractice

Thu, 18 Sep 2014 20:03:40 +0000

One of the most important things that happens in any medical malpractice case is the damage calculation. In any case, there are multiple parts. Proving the malpractice is an issue in itself, but coming up with the financial damage for a judgment is another thing Read More

The post How to Calculate the Financial Damage of Medical Malpractice appeared first on MedicalMalpracticeLawyers.md.

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These news come from MedicalMalpracticeLawyers.md.

What a Brain Surgeon's VR Tool and Pokemon Go Have in Common

Fri, 22 Jul 2016 04:31:59 -0400

The tech pinpoints brain structures using a tech similar to Pokemon Go.

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Health Officials Preparing for Possible Zika Outbreak in Florida

Fri, 22 Jul 2016 15:47:06 -0400

Health officials investigating two cases in Florida.

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Florida Officials Investigating 2nd Case of Zika Possibly Acquired Locally

Thu, 21 Jul 2016 18:37:14 -0400

Authorities investigating whether the new case was contracted in the U.S.

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Pediatrics Group Issues Warning About 'Virtual Violence' and Children

Tue, 19 Jul 2016 06:54:27 -0400

American Academy of Pediatrics called for national discussion on violence.

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What Images of Terror Can Do to the Brain

Fri, 15 Jul 2016 14:02:38 -0400

How to avoid being traumatized by terror attacks.

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Zika Transmission From Woman to Man Reported for First Time

Fri, 15 Jul 2016 12:59:30 -0400

The virus had previously been known to be transmitted from men to their partners.

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Zika Transmission Risk During Olympics Is Low, CDC Says

Thu, 14 Jul 2016 07:36:39 -0400

Olympics travel is a fraction of overall travel to Zika-affected countries.

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Mass Overdose of K2 Marijuana Eyed as Cause of 'Zombieland' in NYC

Wed, 13 Jul 2016 18:38:17 -0400

Synthetic marijuana is believed to have caused dozens of overdoses in NYC.

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Hospitals Ready to Treat Protesters, Delegates at Conventions

Wed, 13 Jul 2016 15:05:33 -0400

Hospitals are forbidding staff vacations and prepping emergency plans.

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7 Things You Need to Do to Protect Yourself from Ticks

Wed, 13 Jul 2016 16:34:21 -0400

Stay safe while in the outdoors this summer.

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Fighting Zika in the US: The Battle Over GMO Mosquitoes

Wed, 13 Jul 2016 16:40:26 -0400

How a Florida Keys island could change the way we fight mosquito-borne diseases.

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Pancake Mix Recalled Over Concerns About E. Coli

Tue, 12 Jul 2016 09:16:09 -0400

Specific lots of blueberry pancake mix are being voluntarily recalled.

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6 Children Hospitalized After Possible Chemical Exposure at Pool

Tue, 12 Jul 2016 16:56:51 -0400

Nine people reported symptoms after going to Connecticut pool.

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Scientists Break Down Why Flying East Is Worse for Jet Lag

Tue, 12 Jul 2016 15:40:05 -0400

Study explains how a rapid shift in daylight affects "pacemaker" cells in brain.

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Zika-Infected Elderly Patient Dies in US

Sat, 09 Jul 2016 16:50:30 -0400

Patient had underlying health conditions.

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Husband Gives Wife 500 Roses for Last Chemo Treatment

Fri, 08 Jul 2016 07:05:07 -0400

Family and friends bought the roses and raised money for cancer charity.

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20 Vets Commit Suicide Each Day, According to New VA Study

Fri, 08 Jul 2016 07:05:03 -0400

The VA examined over 55 million veteran records from 1979 to 2014.

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Consumers Often Choose Sunscreens Which Fall Short of Dermatology Association Guidelines, Study Finds

Thu, 07 Jul 2016 09:12:43 -0400

Many sunscreens lacked water/sweat resistance, according to researchers.

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More Clinics Marketing Unproven Stem Cell Treatments, Study Finds

Thu, 30 Jun 2016 16:47:16 -0400

Easier access to unproven stem cell treatments is rising in the U.S.

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What Your Job Says About Your Suicide Risk

Thu, 30 Jun 2016 16:27:30 -0400

A new CDC report details which lines of work had the highest suicide rates.

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Girl Takes First Breath Without Tube Thanks to Breakthrough Surgery

Fri, 01 Jul 2016 17:48:25 -0400

Hannah Schow had a rare condition that affected her airway.

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‘Precision Medicine’ Pills Shrink Little Girl’s Rare Brain Tumors After Chemo Fails

Wed, 06 Jul 2016 11:15:57 -0400

Allison Schablein, 8, was diagnosed with brain cancer in 2012.

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Everything You Need to Know About Foreign Accent Syndrome

Mon, 27 Jun 2016 11:17:18 -0400

How you can wake up with a different accent.

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Abortion Requests in Latin America Rise After Zika Warnings

Thu, 23 Jun 2016 07:11:14 -0400

The Zika virus is known to cause serious birth defects including microcephaly.

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Orlando Gunman Donated Blood Less Than Two Weeks Before Shooting

Wed, 15 Jun 2016 12:52:07 -0400

The One Blood Donation Center confirmed the donation.

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These news come from ABC News: Health.

Illinois Declares Med Mal Cap Unconstitutional

Mon, 08 Feb 2010 16:52:29 -0600

The Illinois Supreme Court struck down a State law that set caps on noneconomic (pain and suffering and mental anguish) damages.  That law placed a cap of $1,000,000 on noneconomic damage awards against hospitals and $500,000 against physicians.  The court held that the law violated the separation of powers article of the Illinois Constitution in that it was a legislative attempt to infringe upon the inherent powers of the judiciary branch to decide these cases on a case-by-case basis.

The court reasoned that under Section 2-1706.5 of the Act, the court is required to override the jury's deliberative process and reduce any noneconomic damages in excess of the statutory cap, irrespective of the particular facts and circumstances, and without the plaintiff's consent. Thus, it violated the separation of powers clause because it unduly encroached upon the fundamentally judicial perogative of determining whether a jury's assessment of damages is excessive within the meaning of the law.

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Owning Up to Errors May Actually Benefit Hospitals

Thu, 27 Aug 2009 14:53:54 -0600

The Wall Street Journal (“WSJ”) reports on a medical error case arising at Baptist Children’s Hospital in Miami.  An 18-month old child suffered a severe brain injury when her breathing tube became dislodged while she was under sedation for an MRI.  The hospital quickly owned up to the mistake, settled the case with the family and immediately instituted new measures to prevent future similar mistakes.  Then, the hospital engaged the child’s parents in educational efforts with the medical staff to underscore he importance of patient safety.  They even went so far as producing a 15 minute video to internally educate the staff about the events leading to the child’s injury.  The mother of the child now serves as a community liaison on the hospital’s quality and patient safety committee.  The family did not sue the hospital.

In 2004, The University of Illinois Medical Center in Chicago set up a center for communication between staff and patients after harm occurs.  Since 2006, the center has had a policy of fully disclosing all medical errors, apologizing and quickly offering a financial settlement.  In the last 4 years since the program has been in effect, lawsuits against the hospital are down by 40% even though the number of procedures had increased by 23% during the same time period.  According to a hospital spokesperson, these numbers certainly demonstrate, at the very least, that full disclosure did not cause an increase in lawsuits or payouts, and at the most, likely diminished them significantly.

                According to the WSJ, these full disclosure policies represent a sharp departure from hospitals’ traditional response when something goes terribly wrong---retreating behind a wall of silence to guard against potential lawsuits.  According to the parents of the injured 18 month old in Miami, the hospital’s candor helped them move past the initial shock. Moreover, the hospital’s dedication to fixing the problems that led to their daughter’s injury helped the family form a bond with the staff and forgive the unintentional harm. 

 

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Federal Analysts Believe Rate of Medical Errors Increasing a Decade After Prominent Study

Thu, 27 Aug 2009 12:17:05 -0600

In November 1999, the Institute of Medicine (“IOM”) issued a comprehensive report, authored by 22 top medical experts, titled “To Err is Human” in which it  concluded that approximately 98,000 people die each year from preventable medical errors.  Recently, a national investigation led by Hearst Newspapers, including the San Francisco Chronicle, found that the federal government, most states and the hospital industry have failed to take the recommended steps in that report to lower these figures and provide safer hospitals. 

One of the major recommendations in the IOM report called for a mandatory nationwide reporting system for medical errors.  When President Bill Clinton sought to introduce legislation requiring hospitals to make information about serious errors public, the American Medical Association and the American Hospital Association vehemently opposed that legislation.  In fact, in two years, those entities spent $81 million on lobbying and political donations designed to derail that effort.  These organizations claimed that mandatory reporting would drive medical errors underground.

Other key points of the IOM report that have been ignored include: Thousands of hospitals failed to improve the level of safety within their walls; the recommendation for a national patient safety center has fallen short of the funding goals and expectations; the recommendation to inform the public about unsafe conditions in hospitals has been ignored because 45 states do not provide hospital specific information.

The Hearst investigation found that hospitals can actually lose money by providing safer care.  They cite the example of Utah’s Intermountain hospital chain which, by improving a system for prescribing heart patients the proper medications on discharge, reduced re-hospitalizations by 900 beds a year resulting in a $3.5 million loss in revenue.

The authors report that the only way health care reform will happen will be if the payment system is changed to reward hospitals for the quality of their care not just the quantity.  In fact, Medicare recently stopped paying for eight types of medical errors. 

 

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The Synthesis Project Analyses Medical Malpractice Insurance

Wed, 05 Sep 2007 11:19:06 -0600

The Synthesis Project recently released a report entitled Understanding medical malpractice insurance: A primer.   The Synthesis Project is an initiative of the Robert Wood Johnson Foundation to produce relevant, concise, and thought provoking briefs and reports on today’s important health policy issues. This particular report, Report No. 8, is authored by Dr. Michelle M. Mello, of the Harvard School of Public Health.

In the report, the authors note that several important shifts in the liability insurance market affect the cost of malpractice insurance paid by health care providers. These factors include:

 

             -Exit of some commercial carriers and the advent of physician mutuals (physician owned companies)

            -Problems obtaining affordable reinsurance after September 11

            -The growth of hospital self-insurance

            -Shift from occurrence policies to claims-made policies

            -Increasing interest in hospitals buying insurance for doctors

            -The growth of joint underwriting associations

            -Relatively poor returns on investment since 2000

 

Conspicuously absent from this listing is the greedy insurance company mantra that trial lawyer medical malpractice verdicts are the reason these insurers are raising their rates on health care providers. In fact, the study reports that with regard to claims frequency there is no evidence that an increase in the number of malpractice claims has contributed to the current malpractice insurance crisis. Significantly, the source for this statement came from statistics obtained from The National Practitioner’s Data bank, a federally funded site that tracks every malpractice payout made by any entity on behalf of a physician. 

 

            Also noteworthy in this study is the analysis on how medical malpractice insurers actually go about setting their premiums. According to the report, insurers set premiums on a prospective basis based on four (4) separate criteria: (1) their expected payouts for providers in a particular risk group; (2) the uncertainty surrounding this estimate (3) their expected administrative expenses and future investment income; (4) and the profit rate they seek. 

The report notes that medical malpractice insurers do not set their premiums like those who provide automobile insurance. Automobile insurers use an experience rated basis to set premiums.

 

When an auto insured has a claim, his insurance goes up. Thus, an individual is accountable for his own claim’s experience and corresponding premiums. In the medical malpractice arena however, premiums are priced by the specialty, regardless of a particular physician’s claim’s history. Thus, good doctors pay for bad doctors’ mistakes. This inequitable basis for determining premiums is driven by the insurance companies’ profit motives. Past experiments with using a more equitable model like the auto insurers have used have resulted in a less stable estimate of the insurer’s risk, and thus correspondingly lower profits. 

 

Insurers always want to focus the medical malpractice insurance debate on only one of the four elements used to set rates: the one based on payouts for a particular risk group. However, since claims frequency has not risen in real terms over the past 10 years, the other three elements used to set rates account for increased premiums. Where is the debate concerning the unreasonably high profit rates, poor investing and high administrative costs of these insurance companies. 

 

The recent horror citizens have had to endure with their insurers following the natural disasters, including Hurricane Katrina, are finally exposing insurers’ profiteering at the consumer’s expense.

The Synthesis Project recently released a report entitled Understanding medical malpractice insurance: A primer.   The Synthesis Project is an initiative of the Robert Wood Johnson Foundation to produce relevant, concise, and thought provoking briefs and reports on today’s important health policy issues. This particular report, Report No. 8, is authored by Dr. Michelle M. Mello, of the Harvard School of Public Health.

 

In the report, the authors note that several important shifts in the liability insurance market affect the cost of malpractice insurance paid by health care providers. These factors include:

 

-Exit of some commercial carriers and the advent of physician mutuals (physician owned companies)

            -Problems obtaining affordable reinsurance after September 11

            -The growth of hospital self-insurance

            -Shift from occurrence policies to claims-made policies

            -Increasing interest in hospitals buying insurance for doctors

            -The growth of joint underwriting associations

            -Relatively poor returns on investment since 2000

 

Conspicuously absent from this listing is the greedy insurance company mantra that trial lawyer medical malpractice verdicts are the reason these insurers are raising their rates on health care providers. In fact, the study reports that with regard to claims frequency there is no evidence that an increase in the number of malpractice claims has contributed to the current malpractice insurance crisis. Significantly, the source for this statement came from statistics obtained from The National Practitioner’s Data bank, a federally funded site that tracks every malpractice payout made by any entity on behalf of a physician. 

 

            Also noteworthy in this study is the analysis on how medical malpractice insurers actually go about setting their premiums. According to the report, insurers set premiums on a prospective basis based on four (4) separate criteria: (1) their expected payouts for providers in a particular risk group; (2) the uncertainty surrounding this estimate (3) their expected administrative expenses and future investment income; (4) and the profit rate they seek. 

The report notes that medical malpractice insurers do not set their premiums like those who provide automobile insurance. Automobile insurers use an experience rated basis to set premiums.

 

When an auto insured has a claim, his insurance goes up. Thus, an individual is accountable for his own claim’s experience and corresponding premiums. In the medical malpractice arena however, premiums are priced by the specialty, regardless of a particular physician’s claim’s history. Thus, good doctors pay for bad doctors’ mistakes. This inequitable basis for determining premiums is driven by the insurance companies’ profit motives. Past experiments with using a more equitable model like the auto insurers have used have resulted in a less stable estimate of the insurer’s risk, and thus correspondingly lower profits. 

 

Insurers always want to focus the medical malpractice insurance debate on only one of the four elements used to set rates: the one based on payouts for a particular risk group. However, since claims frequency has not risen in real terms over the past 10 years, the other three elements used to set rates account for increased premiums. Where is the debate concerning the unreasonably high profit rates, poor investing and high administrative costs of these insurance companies. 

 

The recent horror citizens have had to endure with their insurers following the natural disasters, including Hurricane Katrina, are finally exposing insurers’ profiteering at the consumer’s expense.

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Medication Errors Still Abound in U.S. Hospitals

Thu, 08 Mar 2007 13:19:52 -0600

Many recent articles and studies have been written about the ever increasing number of medication errors that injure patients each year. Recently,  U.S. Pharmacopeia, (“USP”), a private group that sets standards for the industry, released its MEDMARX report.  The MEDMARX report analyzed records from 1998-2005 for adults, geriatric and pediatric patients. MEDMARX was founded in 1998 and since then has received 1.2 million reports of medication errors from more than 870 healthcare facilities across the U.S. It utilizes an anonymous, Internet-accessible program to report, track and analyze medication errors.

The MEDMARX report  found that patients who undergo surgery face the greatest risk of becoming a victim of a medication error. According to the MEDMARX report, more than 11,000 medical errors in the perioperative setting revealed that approximately 5% of the reported medication errors resulted in harm, which included four deaths. Significantly, this percentage of harm is more than three times higher than the percentage of harm among all MEDMARX records. More significantly, children suffered the highest risk with nearly 12% of those medication errors resulting in harm. Most of the reported errors involved the use of antibiotics and pain killer medications. The most commonly reported medication mistakes involved giving the wrong amount of medication, giving the medication at the wrong time, omitting a dose of medication, or administration of the medication incorrectly. 

As part of its program, USP even offers tips for consumers to help avoid medication errors in the surgical setting. Among these tips, USP advises patients to inform the surgical staff of known food or drug allergies (no matter how insignificant); bring a list of prescription and over the counter medications that you are taking on the day of your procedure; mark your surgical site with your healthcare provider; make sure your chart goes with you to the operative suite. 

USP also provides recommendations to the healthcare providers to help reduce the incidence of medication errors. Some of these recommendations in the operating room include:

  • Requesting that institutions and professional associations call upon manufacturers to produce drug products in ready-to-use packaging with sterile, duplicate labels to avoid errors with labeling. As soon as commercially available, hospitals should obtain as many products as possible in sterile, ready-to-use packaging;
  • Forming a multidisciplinary team to periodically examine preference cards (physician requirements for a particular procedure) to ensure appropriate use of abbreviations or acronyms, ensure clarity of medications intended for the procedure, and affirm instruments and equipment needed for the case; there should also be evidence of the last date the card was reviewed;
  • Providing practitioners with access to accurate patient information, standardized dose charts, and/or assistive technologies with proper medication calculations and formulations so no patient will be at risk of receiving the wrong dose;
  • Expanding the “time-out” standard to allow sufficient review of the preference card and confirmation of the medication directions, patient allergies, and preprocedural antibiotics; and
  • Ensuring that practitioners adhere to the safe medication practice of “repeating back and visually identifying the product” during hand-off between the circulating nurse, scrub personnel, and surgeons.

           

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Insurance Regulators Usually Come From Within The Insurance Industry

Tue, 12 Dec 2006 15:49:12 -0600

In a recent article in the Kansas City Star, the author found that Insurance Regulators and Insurance executives routinely trade jobs through a "revolving door."  In an informal nationwide survey conducted by the newspaper, One-third of the new insurance commissioners came from the insurance field.  Moreover, more than half of the 35 insurance commissioners who left their jobs in the last three years procured new jobs with the insurance industry or groups that work for the insurance industry.

According to the Kansas City Star:

"Insurance companies have far deeper pockets, and far greater political pull, than consumers might ever dream of -- and their influence is considerable.  The reason is simple.  Big money is at stake.  Insurance premiums now equal roughly 10 percent of the U.S. gross domestic product."

Doug Heller, director of the Foundation for Taxpayer and Consumer Rights, a non-profit California advocacy group was quoted

"The industry (insurance) gets what it wants across the country"

The Star goes on to note that the insurance industry boasts of assets of $5.6 Trillion, and has virtually no federal oversight.  In 39 states, the insurance commissioners are appointed, not elected and thus appointed from the industry they are supposedly trying to police.  The Star found that insurance companies invest millions of dollars attempting to influence regulators and lawmakers, spending $119 million lobbying federal officials in 2005.  The insurance industry also ranks in the top 10 of campaign contributors, accounting for $230 million since 1999.

These contributions are paying off.  In Missouri, insurance interests contributed $1 million to Kansas lawmakers during the last 10 years and $4 million to Missouri lawmakers.  These same lawmakers passed legislation limiting medical malpractice lawsuits and restricted the public's right to insurance complaints during the same period.  New York State Senator James Seward, chairman of the insurance committee has received $500,000 in campaign contributions from insurance interests.  He has sponsored legislation giving insurers tax credits, simplified methods to reorganize their corporate structure and a proposal that would weaken state oversight of auto insurance rates.  Insurers in California gave former California Insurance Commissioner Chuck Quackenbush free TV commercials and made donations to charities that included his son's football camp following his action that allowed insurers to escape investigations and fines for underpaying policyholders following a major earthquake.

John Oxendine, Georgia's elected insurance commissioner was quoted as saying:

"you wonder if you get a little bit of the fox guarding the henhouse", when speaking of the cozy relationship between insurance regulators and the industry they regulate. 

In fact, it appears that some in the industry are becoming more brash and aggressive about using campaign donations as a weapon.  According to California Commissioner John Garamendi, he asked the FBI to investigate after he said that insurers threatened to spend $2.4 million against his campaign for lieutenant governor if he outlawed the use of home ZIP codes in setting auto insurance rates.

Incredibly, and despite ever increasing premiums and soaring insurance profits, the industry continually lobbies for more under the pretext of "tort reform" as a measure to reduce insurance premiums to the consumer.  The problem is that more often than not, once the so called reform laws are passed, the insurance industry finds another excuse to raise rates again.  The truth of the matter is that this country needs Insurance Reform, not Tort Reform.

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Medical Malpractice Caps are Unwarranted by the Payout of Claims Data

Thu, 07 Dec 2006 14:45:50 -0600

Each year, the debate in state legislatures around this country regarding the so called need for tort reform and caps on medical malpractice cases intensifies. Big medical corporations and insurance companies, who are only motivated about increasing premium revenue and decreasing payments to victims, lead the fight with big dollar lobbying campaigns.  Unfortunately, these lobbying efforts rarely contain accurate facts and figures and in the end, leave innocent victims of malpractice with little or no recourse for even blatent acts of malpractice.

One of the favorite arguments of the proponents of caps of damages is the alleged increased cost of physician premiums which they erroneously suggest  are caused by big money payouts.  However,  published statistics for state health facts and figures debunk this myth.  The StateHealthFacts.org website, sponsored by the Kaiser Family Foundation, reports that in the year 2005, the average medical malpractice payment totalled only $290,982 for the 14,021 reportedly paid claims.  Highlights of this state by state breakdown on the number of paid claims showed that New York led the nation with 1,768 paid claims and was followed by California (1,117), Florida (1,095), Pennsylvania (1,061), and Texas (1,018). 

Many states were well below the small national $290,000 payout.  Louisiana, which had 299 paid claims in 2005, only averaged $185,897 per paid claim. Similarly, Texas only paid an average of $182,795.  Michigan, which paid 451 claims averaged $130,412 per payout.  South Carolina averaged $161,092 on 171 paid claims.

These documented facts and figures, compiled by an independent and reliable source, certainly dispell the notion that medical malpractice payouts in this country each year are not "runaway verdictsor payments" that require special legislation to "reel in the trial lawyers." 

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Studies Show That Hospitals Can Do More To Avoid Infections

Thu, 07 Dec 2006 14:12:48 -0600

The Washington Post has recently reported on three new studies relating to infections acquired in hospitals.  In its article Studies: Hospitals Could Do More to Avoid Infections, the Post states that the studies show new evidence that hospitals could prevent many of the growing number of infections that afflict patients nationwide each year.  The studies were published in the American Journal of Medical Quality.  Its editor, David B. Nash commented on the findings: 

"These three groups independeltly found that despite hospitals'claim that in the sickest patients it's inevitable that someone is going to get a hospital-acquired infection, that's just not the case"

Nash, who is also the Chairman of the Department of Health Policy at Thomas Jefferson University in Philadelphia, states:

"[H]ealth professionals should do more to promote hand-washing among medical staff, take greater care in donning gowns ans other infection-preventing clothing during medical procedures, reduce traffic in and out of operating rooms ,isolate patients when necessary and use antibiotics more selectively."

The three studies reported in the American Journal Of Medical Quality were from Allegheny General Hospital in Pittsburgh, Cardinal Health, Inc, in Massachusetts, and Professor Christopher Hollenbeak, surgical department, Penn State College of Medicine respectively.  Dr. Hollenbeak's study examined Pennsylvania's data for more than 180,000 surgical patients and found that hospital practices such as hand-washing, the duration of surgeries and traffic through the operating room played a greater role in hospital based infections.  The Allegheny Hospital and Cardinal Health  studies respectively demonstrated that there are financial advantages of reducing infections and the severity of the effects of the infection could not be attributed to how sick the patient was at admission.

Nancy Foster, vice president for quality and patient safety at the American Hospital Association agreed that more hospital infections are preventable:

"[t]he new wave of research is showing that our previous expectations around what was preventable underestimated what we could actually achieve."

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Insurance Reform, Not Tort Reform Results in Physician Malpractice Premiums Being Reduced in Illinois

Fri, 13 Oct 2006 15:48:48 -0600

The St. Louis Post Dispatch is reporting a story announcing that a medical malpractice insurer in Illinois will actually cut physician premiums for malpractice insurance as a result of recent legislation designed to aid competition between insurers. Berkshire Hathaway's Med Pro insurer is slated to cut rates 32% statewide and 38.5% in Madison and St. Clair counties this year. It is also expected to accept up to $100 million in new premiums beginning next year. Significantly, the Post Dispatch reports that "it was not the landmark bill's caps on how much doctors and hospitals can be forced to pay in a lawsuit that apparently did the trick." It was the provisions in the bill that forced medical malpractice insurers to share comprehensive information on how they set their rates which allowed other competitors to adjust their rates. The information on how and why a 30% rate decrease could be offered to physicians came directly from the director of the state's Division of Insurance, Michael McRaith.

What Berkshire is telling us is that ... it's the availability of the data that allows them to set rates that are more competitive than they could have set before,
McRaith said. "This just shows that it's insurance reform that has the capacity to lower rates and bring in competitors," said Mark Fraley, acting director of the Center for Justice and Democracy. "The caps never should have been an issue because they just don't work"

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One Fifth of Federally Funded U.S. Heart, Liver and Lung Transplant Centers Substandard

Thu, 29 Jun 2006 13:50:42 -0600

According to a recent investigation undertaken by the Los Angeles Times, Medicare and Medicaid have allowed 48 (out of a total 236) heart, liver and lung transplant centers to continue operating despite often glaring and repeated lapses. The heart, liver and lung programs considered in the Times investigation had 71 more patients die than expected within a year of transplant. Of the 236 total programs considered, 36 heart transplant programs failed to meet survival or volume standards and accounted for 43 more deaths than expected. Nine lung programs failed to meet the standard number for surgeries and/or survival, accounting for 21 more unexpected deaths.

According to Dr. Mark Barr, a cardiothoracic transplant surgeon interviewed by the Times:

The bottom line message is that there are too many programs in the United States that need to be shut down.

According to Medicare rules, if a program falls short of the requirements for minimum number of transplants or to achieve a specific survival rate, both prequisites to be certified for funding, no sanctions are imposed. The program is required to turn itself in. Although Medicare has the authority to pull its certification and the attendant funding that goes with the certification, this is a rare occurrence. In fact, since 2000, Medicare has only cut off 11 centers and, in most of those cases the programs had already voluntarily ceased operations.

The Los Angeles Times investigation uncovered the following:

Wake Forest University Baptist Medical Center in North Carolina fell 10 transplants short of the mandated 12 transplants required per year by only performing 2 transplants in the last year. Moreover, of the transplants that did occur, 4 out of 7 patients died within a year of the transplant (between January 2002 and June 2004). This is 87.5 percent below the national survival rate and well below the 73% threshold required by Medicare.

Hartford Hospital in Connecticut has been deficient since 1999, failing to perform 12 heart transplants in any calendar year. Of those performed 6 out of 17, a survival rate of approximately 65%, died within a year.

Similarily, St. Vincent Hospital and Health Care Center in Indianapolis experienced a survival rate of 65% and also failed to perform the yearly heart transplants since 2001.

UCI Medical Center in Orange, California was found by the Times to have had 32 patients die while awaiting transplants while the hospital turned down organs that might have saved some of them. Worse yet, patients at UCI were apparently unaware that UCI had no full time liver transplant surgeon for more than a year, which limited its ability to perform operations. The Times investigation prompted the agency to pull the funding from this institution.

Dr. Barry Straube, chief medical officer at the Medicare agency told the Times:

I personally can't get hung up on the volume issue. A center might do four transplants a year with 100% survival. We should shut those down?

However, according to the Times article, researchers working at the United Network For Organ Sharing reported in 1994 that "mortality increased sharply and exponentially" at centers performing fewer than nine heart transplants each year. The federal standard is 12. Dr. Michael Acker, a heart transplant surgeon and chief of cardiac surgery at the Hospital of the University of Pennsylvania, stated

that to be versed enough to maintain quality, programs should be required to perform at least 20 transplants annually. It's not just doing the transplant. It's doing everything else. It's the follow-up care. It's how to deal with immunosuppression. It's how to deal with (patients) when they get infected. There are so many reasons for why you need a vigorous team.

The Times article reported that private insurers say they vigilantly monitor a centers' performance because they believe patients have a better chance of surviving and lower risk of complications at centers with more experience. According to Ross Lagerblade, director of Humana's national transplant network, "we do still believe that volume has a role to play in the quality and the outcome of transplants."

Incredibly, Medicare has continued to fund programs that private insurers have dropped or steered clear from as a result of relatively high death rates and low volumes.

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United Press International Talks With Trial Lawyer's President on Medical Malpractice Tort Reform

Thu, 29 Jun 2006 09:39:11 -0600

In an article entitled: CostRx: Kill all the tort reformers? United Press International interviewed the president of the Amercian Trial Lawyer's Association, Kenneth Suggs, regarding the so called medical malpractice crisis in this country. In this article, Suggs points out that the medical malpractice reform issue has been heightened by the fact that the head of the Senate, Bill Frist, also a cardiothoracic surgeon, has his sights set on the White House and bringing this issue forward helps his fundraising efforts.

Suggs also points out that for more than 10 years, medical malpractice payouts have remained flat. In other words they have not risen, yet insurance premiums continue to skyrocket out of control.

Suggs states:

medical malpractice premiums are going up, so where is that money going? And the fact is , it's going into insurance companies' pockets. If you read the insurance company newsletters now, you'll see reports of insurance companies--quote and unquote--cannibalizing each other's business to get those (medical malpractice) premium dollars, because the relation between premiums and payouts is so good.

Suggs also dispelled the notion that physicians are leaving states in masses as a result of high premiums and practicing defensive medicine due to fear of lawsuits:

First of all, the difficulty with our position is that it requires people to think and to look at the facts, rather than to react emotionally. It's easy to react emotionally when doctors get together and say, 'Gosh, obstetricians are leaving the state.' Well, they've said that about every single state, so, number one, where is it that they are going? If they're leaving any kind of state, they're going somewhere, because there's more OBGYNs in America now--25 percent more--than there were in 1990.

Finally, Suggs makes the case that the injured victim deserves more than mere payment of his economic expenses associated with the medical mistake.

The person who is hurt, who has had their life changed for the much worse, certainly don't they deserve some kind of compensation for putting up with that? Or are we just going to say, 'No, all we care about is economics and insurance premiums and making insurance executives rich, so that (injured) person is just going to have to suck it up.' That's not the American way. The American way is to make the person who did the harm responsible for all the harm, not just part of the harm.

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Doctors Have the Upper Hand At Trial

Tue, 27 Jun 2006 10:19:06 -0600

According to a recent article in the Milford Daily News, patients rarely prevail in malpractice suits against doctors. According to a Daily News review of court records beginning in 1998, 88 plaintiffs had their claims dismissed after a trial, while only 5 plaintiffs were awarded payments. According to a local attorney, juries are reluctant to rule against doctors because Massachusetts' reputation in medical care makes it hard for a jury to believe that a doctor could have made a mistake. Massachusetts Medical Society spokesman, Frank Fortin said he was not surprised by the small number of jury awards because doctors usually prevail in malpractice cases throughout the state. According to the Daily News, patients rarely sue hospitals in Massachusetts because state law limits negligence payments from a nonprofit hospital to $25,000, an amount that can easily be exceeded by the cost of pursuing the case.

Notwithstanding this onerous, patient biased law, Lt. Gov Kerry Healey filed legislation in May to enforce a cap on non-economic damages of $500,000 in negligence cases, change the burden of proof to make it even harder to win and reduce interest rates on malpractice awards so doctors guilty of malpractice do not have to pay as much.

The Massachusetts Medical Society is lobbying on behalf of Healey's bill with the same false argument that jury awards and settlements are driving up malpractice insurance rates, forcing doctors to leave Massachusetts for friendlier states. However, according to the Daily News, the vast majority of patients seeking compensation from doctors either never file a lawsuit or end up with no money. Citing Leonard Simon, a local attorney "out of every 100 cases I look at, I turn down between 97 and 98."

Moreover, a study by the National Bureau of Economic Research in Cambridge found that malpractice payments are not the driving force behind increases in insurance premiums. Industry competition and the insurance underwriting cycle are what drives higher prices, the report said. In Massachusetts, the number of annual malpractice payments has begun declined 17 percent between 2001 and 2003. yet insurance premiums have risen 87 percent since 1999 and will rise 5.9 percent in 2007.

According to Richard Moore, an Uxbridge Democrat and co-chariman of the Joint Committee on Health Care Financing,

"the bulk of the cases where an injury has occurred usually are never addressed." The medical profession has a code of silence that prevents doctors from admitting errors because that could be used against them in court."

Moore goes on to state:

"Most people aren't looking to hit the lottery by suing their own doctor, we have to find a system that addresses everybody that gets injured, not just a few that are likely to have the big payouts."

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Georgia Insurers Raise Malpractice Premiums Following Tort Reform

Tue, 27 Jun 2006 09:38:14 -0600

In a recent article which appears in the Macon Telegraph News at least seven Georgia Insurance Companies selling medical malpractice insurance to physicians have raised their premiums in the 16 months following the passage of medical malpractice caps in Georgia. This hike was made despite promises from lobbyists for the insurance industry that a cap would decrease malpractice premiums during their push for the malpractice legislation, Senate Bill 3, which passed in March of last year. In July of last year, Dennis Kelly, of the American Insurance Association, admitted in an interview with the Chicago Tribune that "We have not promised price reductions with tort reform." In fact, a March 2002, media release from the AIA states " insurers never promised that tort reform would achieve specific premiums savings..."

According to the Macon Telegraph, MAG Mutual, Georgia's largest malpractice insurer, increased physician premiums by 53.5 percent from 2000-2004 while projecting a 33.1 percent decline in future payments to claimants and plaintiffs. The surplus that MAG Mutual holds is almost three times of that required by the National Association of Insurance Commissioners.

Since February 2005, seven insurance companies requested rate hikes. For instance, First Professional Insurance Company requested a whopping 63.8 percent rate increase and received approval for a 35 percent increase. Medical Assurance Company requested an even higher 64.10 percent increase and received approval for a 35 percent increase. The Medical Protective Company requested two separate rate hikes, one of 24 percent in June 2005, only 4 months following passage of the cap legislation, and another 28.8 percent increase two months later in August 2005. Medical Mutual Insurance Company of North Carolina requested a 43.8 percent increase and received approval for a 13.8 percent increase in January 2006.

Senate Bill 3, the tort reform law heavily lobbied by the insurance industry, severely restricts a person's right to hold any corporation, hospital or doctor accountable for dangerous errors and misconduct for fatalities. Notwithstanding the hype and political agendas of those insurers seeking passage of this legislation, the real proof is the utter failure of this law to achieve the stated purpose of lowering physician premiums. This can only lead one to believe that lawsuits and payouts to claimaints really have nothing to do with insurance premiums.

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These news come from Medical Malpractice Blog .

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For The Provision Of Legal Services To The Northern Territory Of Australia for a Period of 36 Months : Term 1/10/11 to 30/09/2014. D11-0230. DOJ File Number ..


The Expert Witness in the New Millennium - Supreme Court ..


Lord Woolf, in expressing the view that medical negligence litigation too was the most difficult area of personal injury law, observed that one ..


Lawlink NSW: 1. Introduction


The Medical Practitioners Act 1970 is also under review. In New .. Patients have alleged that their doctors were negligent in failing to give them ..


REPORT ON THE POWERS OF ATTORNEY ACT AND MEDICAL


Section 16 of the SA Act absolves a medical practitioner from civil or criminal liability if acting in accordance with the Act and without negligence.


MEDICAL MALPRACTICE - AN INTERNATIONAL PERSPECTIVE ..


My lawyer's eye discerned that medical malpractice was not classified as a type of "accident". It was in a category all of its own. The logo of a speeding car left ..


MEDICAL NEGLIGENCE - Law Handbook


MEDICAL NEGLIGENCE. Just as every motorist owes a duty to other road users to take reasonable care, health professionals are also under a ..


Professional Negligence Litigation: A New Order in Civil Litigation ..


The pre-action clinical negligence protocols are partly referred to in the .. College of Physicians in May 1997 and printed in "Medical Lawyers ..


MEDICAL NEGLIGENCE - Law Handbook


Very few medical negligence cases are simple or clear cut. Often a lawyer will have to collect a great deal of information, such as hospital ..


Other Intermediate Courts of Appeal - Legal Practitioners - Supreme ..


Legal professional privilege; medical negligence litigation; respondent suffered severe brain damage following a procedure performed at a hospital; solicitor for ..


Law Handbook Online - South Australia


Complaints against lawyers ... MEDICAL TREATMENT AND RELATED ISSUES · PATIENTS' .. OBTAINING MEDICAL RECORDS · MEDICAL NEGLIGENCE ..


Attachment to submission 305 - Australian Lawyers Alliance ..


Medical. Negligence. General Damages. Proceedings for damages not .. Medical. Negligence. Interest on past care. Not available. Gratuitous Care Excluded by ..


Personal Injury - Issue 51 - Top Topics - LIAC


want legal advice, you will need to consult a lawyer. .. to the law of negligence and restrictions on people's right to sue. .. accidents and medical negligence.


Careers at ACTGS | ACT Government Solicitor


Profiles - SAT


..

in the areas of commercial litigation, medical negligence and planning law. .. He was then articled to Mackenzie, Roberton & Co Solicitors in Glasgow, where ..


80216 HUMSER Cov.indd


by M Ellison - 2005incident to determine whether it may require appointment of a panel solicitor to manage a possible medical negligence claim. If the review takes place before a ..


Commentary: The Professional Negligence List in the Common Law ..


As to the arguments for a specialised medical negligence list in the .. Lawyers and the Courts" (1997) 16 Civil Justice Quarterly 302-317.


Hot Topics 64 - Health and the Law


In seeing a solicitor to commence proceedings to recover damages for medical negligence you are likely to be asked to sign a costs agreement providing for ..


OPTIONS PAPER Australian Lawyers Alliance - Comcare


medical negligence, public interest and other, related areas of the law. Corporate Structure. APLA Ltd, trading as the Australian. Lawyers Alliance, is a company ..


ATTACHMENT 1 - Areas of Practice


The Crown Solicitor's Office offers a wide selection of areas of practice. .. matters arising out of allegations of medical negligence, misrepresentation, breach of ..


Eve Bignell | Victorian Government Solicitor's Office | VGSO


Victorian Government Solicitor's Office | VGSO .. in the health industry and also included medical negligence, coronial inquests, disciplinary investigations and ..


CLAIMS PROCEDURES MANUAL


of medical malpractice matters: these are to be forwarded directly to the. Department's contracted claims manager (Minter Ellison, Lawyers). As with other claims, ..


NSW Court of Appeal - Recent Decisions of Interest - Supreme Court ..


Lawyers: negligence; plaintiff obtained order under Family Provision Act 1982 .. Evidence: medical negligence; expert evidence; whether his ..


Without Prejudice Issue 42 - Legal Services Commissioner : Lawlink ..


.. Workers compensation legislation, Substantial medical negligence .. in relation to moneys he alleged were owing to him by the solicitor.


NATIONAL AUSTRALIAN INSURANCE LAW ASSOCIATION ..


1 In America in the year 2000, there was 1 lawyer for every 267 American .. Medical negligence presents particular problems. In one survey of ..


The Expert Witness in the New Millennium - Supreme Court ..


Lord Woolf, in expressing the view that medical negligence litigation too .. There will also be a need by lawyers to consider how best to obtain ..


Negligence and Insurance Premiums: Recent Changes in Australian ..


I am confident that Australian and New Zealand lawyers lose little by .. had also developed a special regime for medical negligence cases.


Submission to the policy review of Comcare's permanent impairment ..


developments in personal injury, medical negligence, public interest and other, related areas of the law. Corporate Structure. Australian Lawyers Alliance Ltd is ..


SUBMISSION BY THE LAW COUNCIL OF AUSTRALIA TO THE ..


by LAWCOF AUSTRALIA - 2002 - - negligence matters with particular reference to medical negligence. This ... introduced, they should be imposed on lawyers, and the sanction should be ..


Medical negligence / presented by Sasha Shearman, Ian Butcher ..


Young Lawyers Section. 1995 Medical negligence / presented by Sasha Shearman, Ian Butcher, Robert Wu NSW Young Lawyers, Law Society of New South ..


FAQs - Personal Injury Claim - Motor Vehicle Personal Injury ..


Your lawyer will more than likely obtain medical reports, collate details of .. will investigate the crash and make an assessment of negligence.


find LEGAL answers - Accidents and Compensation - Negligence ..


Jump to ‎: .. loss, property related torts, professional negligence, reputation, .. occupier's liability, medical negligence, product liability, ..


STRUCTURED SETTLEMENTS


for compensation. A lawyer can advise you whether or not you have .. under law (for example, medical negligence, sporting accidents, motor accidents, public ..


Steve Lancken Resume March 2011


'Compulsory' Alternative Dispute Resolution Young Lawyers, Law Society of NSW. ADR and Medical Negligence NSW Legal Conference. Representing a ..


OBTAINING MEDICAL RECORDS


Such discovery proceedings are usually complex and require the assistance of a solicitor experienced in medical negligence claims, see: ..


MEDICAL TREATMENT AND RELATED ISSUES


the right to decide whether or not to undergo medical treatment, after .. should see a lawyer or complain to the relevant professional body.


find LEGAL answers - Health - Health


Online; In your public library; Lawyers' Tools .. About: Covers consumers rights in health care, medical negligence, making complaints to ..


Medical Negligence and Professional Indemnity Insurance ..


by R Callinan - 2001 - - 4.4 Reform of compensation awards for medical negligence. ... professional indemnity arrangements of other professionals, including lawyers and accountants.


Curriculum Vitae - Federal Court of Australia


Worked in my capacity as solicitor in complex, high value (and in some cases high .. with a partner and a colleague, in setting up the new clinical negligence ..


Research Integrity - Australian Research Council (ARC)


National Health and Medical Research Council .. Ms Hamblin is a partner in the Health Group of HWL Ebsworth Lawyers. .. sectors on health law and policy, medical ethics, medical negligence and professional indemnity.


Swearing-In Ceremony of The Honourable John David Hislop as a ..


7 You did your articles at Dexter Healey & Co, were admitted as a solicitor on 26 .. 10 Your main areas of practice were in insurance law, medical negligence, ..


Themes In The Law Of Torts - Supreme Court : Lawlink NSW


The first and most obvious theme is the dominance of the tort of negligence. .. A disappointed legatee can now bring an action against the solicitor for the testator .. that being a rule that a medical practitioner is not negligent if he or she acts in ..


PRINCIPLES BASED REVIEW OF THE LAW OF NEGLIGENCE


Any statutory formulation of medical negligence should also include an element of .. as plaintiffs' lawyers endeavoured to "beat" the introduction of the NSW ..


find LEGAL answers - Accidents and Compensation - Personal injury


Online; In your public library; Lawyers' Tools .. About: The law of negligence, public liability insurance, medical negligence, the public liability ..


Update on the Profession al Negligence List and Expert Evidence ..


That rule and its practice, compels lawyers with responsibility and authority to .. For example, in one medical negligence case which was commenced in the ..


find LEGAL answers - Health - Mental health


About: Covers consumers rights in health care, medical negligence, making .. About: This website is aimed at lawyers who are representing ..


Public Submission - Review of the Law of Negligence - Treasury


Rich Text Format - Previous victim of major medical negligence ... the advertising by ' no win - no pay ' lawyers , anyone who has chosen to enter into medical negligence litigation ..


Proposals for Tort Law Reform - Review of the Law of Negligence


professional negligence in Australia and specifically to medical .. From the point of view of the patient (and most lawyers) however, the issue is usually more ..


PATIENTS' RIGHTS


MEDICAL TREATMENT AND RELATED ISSUES · PATIENTS' RIGHTS · CONSENT · OBTAINING MEDICAL RECORDS · MEDICAL NEGLIGENCE .. patient should see a lawyer or complain to the relevant professional body.


Lawyers - Australian Embassy


Alkuttab Lawyers & Legal Consultants .. appeals, supreme court, high court, bail, medical, negligence, insurance claims/ accidents, wills & probate, bankrupt, ..


Division_54_Review_Final_Report


Medical

indemnity/malpractice .. not been successful in encouraging structured settlements.56 The Australian Lawyers Alliance,57 an association of lawyers ..


Medical Negligence: an update Briefing Paper No 2/04


by T Drabsch - 2004 - - medical negligence cases. It was noted in the Second Reading Speech that the Attorney-. General's Department would consult with the chief judge of the District ..


3. Professional Negligence


in professional negligence matters (including medical negligence) accords ... practitioners and lawyers who (so the Panel was told) oppose any change to ..


The Supreme Court Professional Negligence List - Supreme Court ..


That includes what may broadly be described as "medical negligence" and .. by a medical practitioner, an allied health professional, a hospital, a solicitor or a ..


Structured settlements - information for injured people


A lawyer can advise you whether or not you have a valid claim. .. A personal injury case may arise from medical negligence, sporting accidents ..


Word version - Lawlink NSW


- c my solicitor c my barrister c lawyer for the other side. c other. 5. .. c professional negligence (e.g. medical) c industrial law c victims compensation. c land and ..


The Community Legal Centres wish to endorse the general thrust of ..


Rich Text Format - Harder to instruct negligence lawyers; resulting in more self-litigation. Alternatively .. One example of medical negligence claims: obstetricians ..


The New Liability Structure in Australia - Swiss Re Liability ..


The plaintiff lawyers, or as, they call themselves, trial lawyers of New York .. In Australia this focused on public liability and medical negligence.


Areas of Practice - Department of the Attorney General


Department of the Attorney General .. The following is an overview of the State Solicitor's Office key practice .. Medical negligence actions.


Glossary


Treatment of an involuntary patient (q.v.) by a medical practitioner in the community, .. The defendant attempts to prove that the plaintiff's own negligence caused or .. In a solicitor's bill, a disbursement may include payments made on lodging ..


Department of Health WA Human Research Ethics Committee ..


She currently practices as a commercial lawyer, with particular expertise in mining and resources litigation, native title disputes and medical negligence. In 2007 ..


No Fault Compensation Briefing Paper No 6/05


by T Drabsch - 2005 - - Medical Negligence: An Update by Talina Drabsch, NSW ... Lawyers Alliance (previously known as the Australian Plaintiff Lawyers Association) has. 5 ..


Submission 305 - Australian Lawyers Alliance - Disability Care and ..


essential reading for lawyers and other professionals keen to keep up to date with developments in personal injury, medical negligence, public interest and ..


Australian Research Integrity Committee | National Health and ..


National Health and Medical Research Council .. Ms Hamblin is a partner in the Health Group of HWL Ebsworth Lawyers. .. sectors on health law and policy, medical ethics, medical negligence and professional indemnity.


Appointments to Australian Research Integrity Committee | National ..


National Health and Medical Research Council .. Ms Hamblin is a partner in the Health Group of HWL Ebsworth Lawyers. .. sectors on health law and policy, medical ethics, medical negligence and professional indemnity.


Guide to income you must declare


A personal injury case may arise from medical negligence, sporting accidents .. A lawyer can advise you whether or not you have a valid claim.


Rachel Lee RODOREDA and KING EDWARD MEMORIAL AND ..


.. for Children ('PMH') of a possible claim for medical negligence against .. On 29 November 2001, solicitors acting on behalf of the complainant made an ..


Apologies, liability and the public sector


costs of medical insurance and a passage of this cost either to the consumer or .. "Malpractice lawyers say that what often transforms a reasonable patient into ..


INQUIRY TO REVIEW THE LAW OF NEGLIGENCE


interests of fairness, doctors and other professionals, including lawyers, should ... Plaintiff lost: Medical negligence case where court held plaintiff failed to prove ..


Natasha Hammersley | Victorian Government Solicitor's Office | VGSO


Natasha Hammersley. Solicitor. BCom, LLB/LP, LLM. work+ 613 9947 1412 .. Lawyers and worked in personal injury, medical negligence and commercial law.


Promoting and protecting the rights of the individual:


essential reading for lawyers and other professionals keen to keep up to date with developments in personal injury, medical negligence, public interest and ..


When someone can't consent


People aged 16 years and over can consent to their own medical treatment [Consent to .. OBTAINING MEDICAL RECORDS · MEDICAL NEGLIGENCE .. execute a 'Medical Power of Attorney' appointing an agent to make ..


AHMAC LEGAL PROCESS REFORM GROUP Options Paper on ..


(i) impose an obligation on lawyers to inform a consumer of the availability of ADR mechanisms to resolve medical negligence claims, and of the costs involved ..


ACT Department of Treasury - Compulsory Third Party Insurance


Medical

Certificate For CTP Insurance Claims (MAMR), 1 October 2008 .. but your entitlement will be reduced by the extent of your contributory negligence. .. A lawyer can give you independent advice about whether you have a claim and ..


INQUEST INTO THE DEATH OF VANESSA ANDERSON


- Gail Furness, Counsel, instructed by Emma Sullivan, Solicitor of the State Crown .. Vanessa enjoyed good health the only known medical condition being a .. of care, negligence etc are not likely to be found in the Coroners commentary or ..


AHMAC Legal Process Reform Group Responding to the Medical ..


and included lawyers, MDOs, doctors, State and Territory Health Departments, health .. This set a new record verdict in medical negligence of over $14M, which ..


List of Lawyers Abu Dhabi and Al Ain This list is provided for the ..


quality of work performed by any lawyer on this list". .. appeals, supreme court, high court, bail, medical, negligence, insurance claims/ ..


Structured settlements - examples - Australian Taxation Office


A lawyer will be able to provide advice about personal injury compensation. .. Tony was seriously injured because of medical negligence, ..


Issues Website 11 July 2011


determination of Approved Medical Specialist; jurisdictional error. 9. 2010/227358 .. Professional negligence: breach of duty by solicitor; proper ..


271 - SUBMISSION - Shane Doepel_indiv_submission


The years of ongoing medical negligence by: Dr Jayant Patel, Dr Graeme .. Remove Insurance Companies their lawyers and accountant from their current key ..


Negligence - Where Lies the Future? - Supreme Court : Lawlink NSW


This is an issue that is particularly prevalent in medical negligence cases that .. other professions, such as engineers, architects, quantity surveyors, lawyers?


NEGLIGENCE


Negligence is doing, or failing to do something that a reasonable person .. land, and professional negligence such as medical negligence.


SUPREME COURT OF SOUTH AUSTRALIA


plaintiff's solicitor at the time of presenting a summons for issue. .. similar information sheet to be filed by the defendant's solicitor. .. Medical negligence ..


View Required Application Documentation - ACT Government Jobs


Rich Text Format - Solicitors in the Government Law and Litigation group are required to provide .. medical malpractice claims; breach of contract; coronial inquests and victims of ..


Health Professionals | Ombudsman NT


If you have a complaint about medical negligence seek legal help. For legal help see Legal Help Resources. (see also Discrimination). click here to go to the ..


Issues Website 7 June 2011


Motor vehicle accident: negligence of unidentified driver. 2. 2004/176936. GACIC v. .. determination of Approved Medical Specialist; jurisdictional error .. Professional negligence: breach of duty by solicitor; proper measure of ..


REPORT ON THE POWERS OF ATTORNEY ACT AND MEDICAL


Medical Powers of Attorney should be introduced legislatively into the Northern ... Though the immunity of medical practitioners, other than for negligence, is ..


Enduring Power of Attorney in Western Australia


The Guide updates The Practical Guide to Enduring Powers of Attorney (1999) to incorporate: .. loss or damage howsoever caused and whether or not due to negligence arising from ... decisions, including decisions about medical treatment.


What is negligence?


Negligence is different from mistake or error of judgment. The fact that a risk of treatment eventuated, or that a desired medical outcome was not ..


LONG TAIL PERSONAL INJURY CLAIMS CORPORATIONS AND ..


The Australian Lawyers Alliance makes this submission to the Corporations and ... date with developments in personal injury, medical negligence, public ..


Panel Contract D11-0230


Building Disputes. 3. Coronial Inquests. 4. Prosecutions. 5. Defamation. 6. Medical Negligence. Darwin. Cridlands MB. Hunt & Hunt. Minter Ellison. Alice Springs ..


Enduring Power of Attorney Information Kit


to negligence arising from the use or reliance on any information or advice ... Note: An attorney cannot be authorised to make personal, lifestyle or medical ..


l\lISlRl\lillN LAWYERS l\lliAN[iE


lawyers and other professionals keen to keep up to date with developments in personal injury, medical negligence, public interest and other, reiaied areas of the ..


find LEGAL answers - Motor Vehicles and Traffic Offences - Car ..


Online; In your public library; Lawyers' Tools .. medical negligence, product liability, sporting injuries, assessment of damages, court procedure ..


"Professional indemnity : medical malpractice program" by South ..


by M Ellison - 2005Title. Professional indemnity : medical malpractice program .. A joint project by the Department of Health, Insurance Services Unit and Minter Ellison, Lawyers.


1.1.C.240 Compensation


a medically acquired HIV trust (e.g. The Mark Fitzpatrick Trust and the NSW Medically Acquired HIV Trust),; a payment for professional negligence by a solicitor ..


Negligence: The Last Outpost of the Welfare State - Supreme Court ..


In the case of medical negligence, the maximum is $350000 (indexed), with a .. Lawyers tend to continue to refer to the test as being one of "reasonable ..


Untitled - SA Health Publications


by I Bidmeade - 1989 - Many medical negligence claims pursued in South Australia are on legal aid assignments to salaried solicitors or private firms. Some have seen the availability ..


SAFA - SAICORP Claims


..

for the management of property, liability and medical malpractice claims from .. The Claims Management section is supported by qualified solicitors from the ..


REVIEWING THE IMPACT OF TORT REFORM AT A STATE AND ..


decisions in the field of medical negligence; and to ponder the future .. medical profession on the issue of negligence, and the power of a Court to override ..


A Rescue Package for - Review of the Law of Negligence - Treasury


of income by lawyers will override the medical profession and medical error patient's need for a humane .. virtually redundant for medical negligence. 5 ..


BEACH SAFETY – THE LAW OF NEGLIGENCE


But this trend was not confined to medical negligence cases. Local Councils and ... he considers that the law and lawyers are acting in a bizarre way. One such ..


Negligence: The Last Outpost of the Welfare State (Summary ..


In the three major legislative schemes limiting common law actions – for motor vehicles, industrial accidents and medical negligence – the New South Wales ..


Personal Injuries Proceedings (Legal Advertising) and Other Acts ..


Section 9(3)(b), 'lawyer'— omit, insert—. 'law practice'. 5. Amendment of s 9A (Particular provision for notice of a claim procedure for medical negligence cases) ..


PDF]Public Liability - an update Briefing Paper No 11/02


matters (including medical negligence) accords with the generally accepted practice of the .. restrictions on lawyers advertising for personal injury matters to ..


Action against the manufacturer


In a claim of negligence, the manufacturer may argue that the claimant voluntarily accepted the risks associated with the product or medical procedure or was ..


Open Disclosure: A Review of the Literature


by R Iedema - 2008 - - process where both sides of a dispute attend a meeting with their lawyers and each side .. legal system awards monetary damages for medical negligence. The ..


TORTS TOMORROW - A TRIBUTE TO JOHN FLEMING ..


In practice as a solicitor and barrister, in my work in the Australian Law Reform ... But he correctly observed that, in medical negligence cases, statistical ..


Disposal Schedule DS 16


Memoranda (eg: Consent) and notes (of clerk, solicitor or counsel). · Proofs of .. claims of professional negligence on the part of a medical professional or ..


Freehills - Review of the Law of Negligence - Treasury


providers in Australia (including accountants, solicitors, valuers and engineers), their need .. and medical negligence insurance there has been recognition by ..


ch 02 Justice


medical malpractice;. • disputes over deceaseds' estates; .. The Attorney General currently is considering a limited change to the existing court structure in ..


COMPLAINT FORM


Details of solicitor/barrister .. q professional negligence (e.g. medical) .. the Commissioner or the Administrative Decisions Tribunal finds the lawyer guilty of ..


NSW Court of Appeal - Decisions of Interest 2010 - Supreme Court ..


Medical assessment; decisions of claims assessor declining to refer for ... Negligence; advice; lawyer advised client about making a claim ..


Australian Insurance Law Association 2011 Conference The ..


conference of the Australian Insurance Law Association. When I was .. effect that a medical practitioner was not negligent if his or her conduct ..


Taking legal action


In South Australia, an action for negligence causing personal injury must be .. (which is usually the date on which the suspect medical treatment.


Supreme Court of Western Australia : 13 November 2002 ..


He was admitted as a solicitor in New South Wales in 1990 and became a partner in .. Mr Corboy regularly appears in medical negligence cases and Medical ..


NSW Court of Appeal - Decisions of Interest - February to June 2010 ..


Procedural fairness; whether solicitor who was unfamiliar with civil procedure .. Failure to give reasons; negligence; whether failure to give reasons .. Procedural fairness; no warning from Medical Tribunal of intention not to ..


Background | ALRC


1.1 On 10 May 2010 the Attorney-General of Australia, the Hon Robert ... in key areas of litigation (medical negligence, housing, multi-party actions and judicial ..


i


5-8_UQohd.tha oontinued use of juries in medical negligence cases where there is a chance oi striking an intelligent and serious jury and e fifty percent ..


Other Intermediate Courts of Appeal - Negligence .. - Lawlink NSW


Claim against solicitor; solicitor instructed to advise on claim against medical practitioner for negligence; duty of solicitor to make reasonable ..


Without Prejudice Issue 42 - Legal Services Commissioner : Lawlink ..


..

Substantial medical negligence claims involving cerebral palsy, Birth trauma, .. client in relation to moneys he alleged were owing to him by the solicitor.


Ms Donoghues' snail


Lawyers Association during its twentieth anniversary year. .. In the field of professional medical negligence, the Panel recommended that legislation be enacted ..


Scanned Document


The Lawyers Alliance supports a nationally consistent approach ti: iabour hire .. meaning that iniureci workers are not required to show negligence pn the part of the .. wages, rehabilitation and medical costs - they will need to access other ..


ch 10 Pleadings


Lawyers fear professional negligence claims if they limit the issues pleaded. ... (h) The steps, if any, taken by the plaintiff to obtain medical, legal or other ..


Civil Liability Act 2002


interesting how few NSW lawyers appear to be aware of its existence. Whenever I .. proceedings, are seen in medical malpractice litigation.


SUPREME COURT OF WESTERN AUSTRALIA Stirling Gardens ..


completed his articles with the State Crown Solicitor. .. medical negligence, products liability, occupier's and employer's liability, motor vehicle ..


Speech template


to avoid those proceedings, are seen in medical malpractice .. commonly advocated by lawyers, are set out in Annexure A8 to this paper.


ABC TV - ACMA Investigation Report 2429


- The findings of the court in relation to questions of medical negligence and ... reasonable viewer, who is not a lawyer and not a medical specialist, would not ..


DIRECTOR OF PUBLIC PROSECUTIONS, TASMANIA ANNUAL ..


This Report is prepared for submission to the Attorney-General in accordance with the requirements of .. It was therefore all the more disappointing that the lawyers were treated very shabbily by the ... Medical negligence. 1. 14. 47. Other. 113 ..


Enduring Guardianship infosheet


medical decisions if you should lose the ability to decide for yourself .. Under Tasmanian law, even if you have granted someone Power of Attorney, he or .. enduring guardian is incompetent, negligent or acts contrary to your best interests, ..


MEDIA RELEASE


health and attorney generals' departments, private legal practice, the AMA .. provide fair compensation to those injured as a result of medical negligence; and ..


STRUCTURED SETTLEMENTS


sporting accidents, medical negligence, public liability, product liability and .. Structured settlements—information for lawyers (NAT 8630—6.2003). Structured ..


Australian Insurance Law Association Annual Conference 5-7 April ..


Australian Insurance Law Association Annual Conference 5-7 April .. cases, machinery breakdown cases, and medical negligence cases. 12.


Council Members - Professional Standards Council : Lawlink NSW


.. Agreement was signed in October 2005, by the Attorneys General of .. in the areas of insurance and personal injuries, medical malpractice, ..


Lawlink NSW: 1. Introduction


Report 62 (1989) - Informed Decisions About Medical Procedures .. Patients have alleged that their doctors were negligent in failing to give them adequate information about proposed .. Enduring Powers of Attorney (1988).


Official Hansard


Medical Indemnity Agreement (Financial Assistance—. Binding ... in an action for medical negligence; and ... tive solicitors, formerly engaged by UMP on ..


Medical Consumers Association [DOC 272KB] - National Human ..


- To find out how lawyers think and how the courts operate read the following books before you start: ... B. 1980 The civil case in medical negligence ..


Other Intermediate Courts of Appeal in Australia - Recent Decisions ..


Negligence: action for damages in negligence for detention as an involuntary .. Lawyers: duties and liabilities; authority to compromise; counsel for the applicant .. Broadbent v Medical Board of Queensland [2010] QCA 352 ..


A Brief Introduction


owner/driver of the 'at-fault' vehicle provided negligence can be established. You can still .. Your lawyer may obtain medical and other reports, collate details of ..


Other Intermediate Courts of Appeal - Evidence - Supreme Court ..


Legal professional privilege; medical negligence litigation; respondent .. solicitor for the hospital required doctors to supply information about ..


The Australian context | ALRC


As the Australian Government Attorney-General notes in his second reading speech: .. than dust-related diseases, medical negligence and claims from minors.


CONFIDENTIALITY


MEDICAL TREATMENT AND RELATED ISSUES · PATIENTS' RIGHTS · CONSENT · OBTAINING MEDICAL RECORDS · MEDICAL NEGLIGENCE .. for example to a solicitor or another doctor, or there is an emergency and it ..


Integrity Commission : Chief Commissioner


.. Monash University in 1973 and practised as a solicitor in Melbourne .. injury, insurance, medical negligence and product liability litigation.


Speeches by The Hon Michael Kirby - High Court of Australia


Neville Wran – A Lawyer Politician – Reflections on Law Reforms and the ... Medical Malpractice - an International Perspective of Tort System Reforms (HTML) ..


-——- ACQUISITION COMPANY LIMITED —— Secretary Insurance ..


writes medical malpractice business on behalf of a consortium of Lloyd's syndicates, led by Syndicate 2468 .. It is the medical malpractice business of Marketform Limited (Marketform) which was most .. Chairman Corporate Lawyer. * Primarily ..


9th Annual Conference of the


experience, the current adversarial approach of our courts to medical negligence claims does not give claimants a great deal of incentive to get well. ... A senior plaintiff lawyer once said rather plaintifuly, "Hey Beth, we don't get to do all that ..


End matter (Medical indemnity national data collection public sector ..


capped lawyer's costs when the amount recovered on the claim was to be less .. injury claims (including medical negligence) covering: • thresholds on general ..


2011 lawyers - Australian Embassy


- Van Teslaar Sebastian Lawyers Specialising in personal injury claims (people involved in car or motorcycle accident, physical assault, medical malpractice, ..


INQUIRY INTO PERSONAL INJURY COMPENSATION LEGISLATION


liability and medical negligence actions in the common law jurisdiction. The Lawyers. Alliance is uniquely placed to offer an expert legal view of the changes to ..


Recurring Issues in the Court of Appeal - Supreme Court : Lawlink ..


TC v State of NSW [2001] NSWCA 380 (negligence by omission – causation – onus of .. Rooty Hill Medical Centre v Gunther [2002] NSWCA ... Assessing damages in cases involving solicitors negligence and Limitations Act ..


Review of the Insurance Contracts Act – Issues Paper on section 54


..

such as professional indemnity or medical malpractice on the basis of claims .. The insured (AHC) was contacted by the solicitor of a patient, who indicated ..


TORTS TOMORROW - A TRIBUTE TO JOHN FLEMING ..


The same could be said of thousands of lawyers in Australia, New Zealand, the Pacific ... But he correctly observed that, in medical negligence cases, statistical ..


Medical Board of Queensland


The Medical Board of Queensland is pleased to have the opportunity to make a .. Board, if it chose to could appoint a lawyer to the committee in the community ... A registrant shouid report on any medicai negligence ciairns which have been ..


Reform of Liability Insurance


the first round of data relating to public liability and professional and medical indemnity .. VICTORIA. • In December 2003 the Victorian Wrongs and Other Acts (Law of Negligence) Act 2003 came ... lawyers to process cases more efficiently.


STANDING COMMITTEE OF ATTORNEYS GENERAL


test could preclude a claim of negligence against a solicitor in circumstances .. been held that a medical practitioner, psychiatrist, social worker and the ..


80028 OLSC NL Oct2007.indd


Injury Compensation Lawyers. • Personal Injury News. • Public Liability / Slip & Fall. • Motor Accident Claims. • Medical Negligence. • Asbestos ..


SUPREME COURT OF NEW SOUTH WALES


University with the initial intention of studying medicine. Fortunately for the .. admitted to practice as a solicitor of this Court in 1973. 6 .. medical negligence field.


Principles Based Review of the Law of Negligence


Rich Text Format - As currently interpreted, the common law on negligence is a burden to society .. though the plaintiff lawyers will disagree through their own unfettered self-interest, .. would involve employing professional services such medical, engineering, ..


Supreme Court Common Law Division - Professional Negligence List


It is expected that the parties' solicitors will have discussed the case .. The court recognises that the liability aspects of medical negligence ..


REVIEW INTO COMCARE SUBMISSION


The Australian Lawyers Alliance is the only national association of lawyers and .. will affect the rights of the injured and those disadvantaged through the negligence of .. keen to keep up to date with developments in personal injury, medical ..


Submission by Amaca Pty Limited to the Negligence Review Panel


Rich Text Format - Amaca acknowledges the assistance afforded to it by its lawyers, Allens Arthur .. In the area of medical negligence, there have been some rather surprising ..


Submission: Deterring People Smuggling Bill 2011


essential reading for lawyers and other professionals keen to keep up to date with developments in personal injury, medical negligence, public ..


CHAPTER 4 - Review of the Law of Negligence


Rich Text Format - It is unconvincing for plaintiff lawyers' groups to assert that there is little need .. A plaintiff seeking to prove that medical negligence caused an ..


Emergency medical or dental treatment


Emergency medical or dental treatment can be given to a person over 16 years .. OBTAINING MEDICAL RECORDS · MEDICAL NEGLIGENCE ..


fact sheet eight


if the attorney is acting inappropriately or negligently or for any other reason if it is in .. psychiatrist, psychologist or a medical practitioner who can give an expert ..


Personal Injuries Proceedings Bill 2002


Other events associated with medical negligence insurers focused attention on liability for .. increasing volumes of claims by imposing restrictions on lawyer ..


South Australian Government Captive Insurance Corporation


The Legal Unit, comprising officers out-posted from the Crown Solicitor's Office, enables the in-house management of large medical malpractice and other ..


Other Intermediate Courts of Appeal in Australia - Recent Decisions ..


Attorney

General For Western Australia v Her Honour Judge Schoome [2012] WASCA 29. Negligence: employee of labour hire firm sent to work for client of firm on .. Procedure: legal professional privilege; medical negligence litigation; ..


MEDICAL NEGLIGENCE AND


from political and philosophical reasons a litigant in a medical negligence case ... the com- prehension of doctors, lawyers, industrial of- ficers and trade union ..


STRUCTURED SETTLEMENTS


This fact sheet has been produced to provide information to lawyers about changes .. This component is usually used to cover future medical treatment, nursing care and .. Most claims will be common law negligence claims for motor vehicle ..


Northern Territory Tort Law Reform Working Group Report to the ..


The Group considers that touting by or on behalf of lawyers soliciting potential ... The disposition of the 12 medical negligence claims and the 9 CFI claims is not ..


WHY HAVE TORT LAW? - Review of the Law of Negligence - Treasury


Australian Plaintiff Lawyers' Association but the views and comments expressed are our .. unintentional medical negligence in return for a lower procedural fee.


Trove - Medical legal aspects of medical records / Patricia Iyer ..


Foundations of Medical Records; Generating and preserving medical records .. medical records; Attorney use of medical records in a medical malpractice case ..


Other Intermediate Courts of Appeal - Negligence .. - Lawlink NSW


Claim against solicitor; solicitor instructed to advise on claim against medical practitioner for negligence; duty of solicitor to make reasonable enquiries into claim ..


CSR Submission on Law of Negligence (DEM0215.DOC;1)


Rich Text Format - The Attorneys-General of the states and Commonwealth should form a task force to .. Causation in medical negligence claims is particularly problematical.11 ..


Submission: Review of the Professional Services Review (PSR ..


the impact of investigations of medical malpractice, but they are largely concerned with the experiences of .. A major reason for this was that the solicitors were ..


Other Intermediate Courts of Appeal - Evidence - Supreme Court ..


Legal professional privilege; medical negligence litigation; respondent suffered severe brain damage following a procedure performed at a hospital; solicitor for ..


Negligence: Is Recovery for Personal Injury too Generous ..


This is regarded as of particular significance in the field of medical negligence. Doctors can say sorry for a result, without fear of making an ..


DIRECTOR OF PUBLIC PROSECUTIONS, TASMANIA ANNUAL ..


This Report is prepared for submission to the Attorney-General in accordance with the requirements of Section 15 of the Director of Public ..


FAQ's CTP claimants


Liability is not in dispute or has been agreed; A medical report confirms the .. reductions are in addition to any other reductions for contributory negligence. .. Some people prefer to consult a lawyer to assist them through the claims process.


The duty owed by hospitals to patients


.. appointed by a hospital and is negligent, the hospital itself is responsible to the patient as .. MEDICAL TREATMENT AND RELATED ISSUES ..


The Politics, Purpose And Reform Of The Law Of Negligence ..


The interests of the medical profession and other professions, apart from .. Lawyers are not to be under-estimated in the politics of negligence.


Appendix L: Medical treatment injury under the NIIS - Inquiry report ..


available to the Commission on medical negligence claims suggests that the plaintiff's party-party legal costs are also around 7 per cent and solicitor-client costs ..


CONSENT


OBTAINING MEDICAL RECORDS · MEDICAL NEGLIGENCE .. The Consent to Medical Treatment and Palliative Care Act 1995 s 15 states that ..


Commonwealth inquiry on changes to negligence law


ancillary task is to devise a system which will get medical specialists and the like .. was vague enough to ensure that negligence suits and lawyers' emolument ..


Civil Liability Bill 2003


Australian Plaintiff Lawyers Association and the Bar Association of. Queensland. Also .. notice under that Act of medical negligence claims. Clause 32 also ..


Production of Medical and Technical Reports in Court Proceedings


without first obtaining the permission of the patient or the patient's solicitor. In short, there were .. (a) the action is one for medical negligence; or. (b) the report ..


Attorney-General Media Release Appointments to the Administrative ..


by HONRM MP - 2010 - - Attorney-General, Robert McClelland, today announced twelve .. primarily in the areas of personal injuries and medical negligence. She ..


7.14 Managing the Legal Rights of Children in the Care of the CEO ..


Medical negligence

. A claim may exist if a child is injured during a medical procedure. Product liability, sporting accidents, dog attacks. Workers Compensation ..


Submission - Inquiry into the impact of public liability and ..


- Bearing in mind that at the last survey of solicitors' incomes, over half .. workers' compensation and medical negligence insurance there has ..


President's Lecture to Annual Scientific Congress of Royal ..


There is a certain tension between the medical and legal professions. .. During my recent exertions in the field of negligence it became quite clear to me ... for succeeding generations of lawyers to examine and discuss and ..


Review of the Law of Negligence - Submissions


Review of the Law of Negligence · Commonwealth of Australia · Home · Terms of .. 011, United Medical Protection, 421KB, NA, NA. 012, Johnson .. 042, Australian Plaintiff Lawyers Association, 274KB · 1599KB · 206KB. 043, Perisher Blue ..


4 April 2011 - Hobart public hearing transcript - Disability Care and ..


provide them with better care. It's very hard to fight medical negligence cases. The doctors are very organised and employ good lawyers.


Civil Liability Act 2003


Standard of care in relation to contributory negligence . .. Contributory negligence can defeat claim . ... (a) reasonable expenses for medical treatment or ..


ATH House magazine 15 (Page 25)


vehicle accident or medical negligence and who are .. the on-going medical and other costs associated .. Lawyers Association, the Law Council of. Australia ..


NSW Court of Appeal - Recent Decisions of Interest - Supreme Court ..


Lawyers

: negligence; plaintiff obtained order under Family Provision Act 1982 for .. Evidence: medical negligence; expert evidence; whether his Honour's ..


Inquiry into immigration treatment of disability Submission of ..


number of lawyers in Australia, their advice resulted in the same anticipated outcome .. "C", suffered a major trauma at birth due to medical negligence. This had ..


02_parta


At the same time, a number of high profile court awards for negligence were resolved .. a major impact on the cost of professional and medical indemnity insurance. .. for plaintiffs and their lawyers to circumvent reforms in other jurisdictions.


Publications -- Medical indemnity national data collection public ..


The main players in a medical negligence suit are the plaintiff and their representative lawyers, the defendant (that is, the Northern Territory, the Department of ..


Submission to the Productivity Commission Issues Paper into the ..


against any civil liability including claimant's costs for medical negligence arising ... Lawyers). The measures around the country include prescriptive pre- ..


International Decisions of Interest - Supreme Court : Lawlink NSW


Ontario (Public Safety and Security) v Criminal Lawyers' Association 2010 .. Torts: medical negligence; standard of professionals; where more ..


Submission - Inquiry into the impact of public liability and ..


- Accountants, lawyers, investment advisers and valuers, for example, are sued .. While the APRA statistics do not include Medical Malpractice, it is instructive to ..


Other Intermediate Courts of Appeal in Australia - Recent Decisions ..


AJH Lawyers Pty Ltd v Careri & Ors [2011] VSCA 425 .. Procedure: legal professional privilege; medical negligence litigation; respondent suffered severe brain ..


Literature review: incident disclosure research, policy and legal ..


"A better approach to medical malpractice claims? The University ... lawyers would more effectively reduce claims, without compromising meritorious defenses.


find LEGAL answers - Motor Vehicles and Traffic Offences - Car ..


Online; In your public library; Lawyers' Tools .. dust diseases, occupier's liability, medical negligence, product liability, sporting injuries, assessment of damages, ..


<HEADER ACS: SND SCA1395-F


- "If you need me, let me know," you informed the Attorney. .. one bar councillor is a misfortune, but to lose three looks like criminal negligence'. .. But after a half-hearted attempt at a pre-med science degree at the University of ..


Litigation by Administrators and Guardians - Background In…


accidents (e.g. MAIB claims), criminal injuries, medical negligence or anti- .. It is important that the relationship between the solicitor and their client and their ..


In the law of negligence, a disclaimer will not generally be effective ..


In the case of negligence law reform .. that could have been brought in negligence; and thereby .. 30 July 1974, per Senator Murphy, Attorney-General at 540. 4 ... exempting particular professions, including the medical professional, from ..


Request to Enter into a List


Rich Text Format - Medical Division (Tick box to enter the case in this Division). Medical Negligence. Serious Injury Applications Division (Tick box to enter the case in this Division) ..


Medical indemnity DSS


The Medical indemnity data set specification (DSS) describes the data items and .. that a 'national database for medical negligence claims' should be established. .. a writ or letter of demand may be issued by the claimant's solicitor (this can ..


Other Intermediate Courts of Appeal in Australia - Decisions of ..


Complaint against lawyer; where Legal Services Commissioner .. Medical negligence; advancing new case on appeal; exercise of the court's ..


Lawlink NSW: 3. Misconduct


Report 99 (2000) - Complaints against lawyers: an interim report .. 3.9 The relationship between professional negligence and misconduct has ... Practice Act 1992 (NSW) or the Medical Practice Regulation 1998 (NSW) are ..


INTERVENERS AND AMICI CURIAE IN THE HIGH COURT The Hon ..


Rich Text Format - by MOFNONP PARTICIPATION - Leaving aside intervention by the Attorneys-General of the Commonwealth or .. of medical negligence to the test case on abortion".22 Ms Wainer described her ..


Speech template


I find it interesting how few NSW lawyers appear to be aware of its .. supports the idea that disclosure helps mitigate medical malpractice suits, ..


Without Prejudice Issue 25 - Legal Services Commissioner : Lawlink ..


New restrictions on the ways solicitors or barristers can advertise for personal .. "dust diseases", "motor accidents" and "medical negligence").


OP 2066/06 - Operational Directives and Information Circulars


.. (08-Jul-1997), :: Medical Negligence Claims and Coronial Inquests .. may alternatively seek legal advice from the State Solicitor's Office.


Review of the Income Tax Exemption for Structured Settlements ..


the man the up-front lump sum amount of $565000 to pay his lawyers, pay off ... settled in 2005 and 2006 relating to medical indemnity/malpractice, public ..


Negligence


What will be regarded as negligence varies from case to case, and no firm .. MEDICAL TREATMENT AND RELATED ISSUES MENTAL HEALTH .. A lawyer might be negligent in allowing excessive delays that result in the ..


Review of the Laws of Negligence: further issues


(b) ICA preferences for any fees scale for medical and related costs .. been consulted, the notice must be delivered within one month of consulting the lawyer.


Attorney-General and Minister for Industrial Relations The Honourable


Attorney-General Cameron Dick said Executive Council had today .. in various fields of law including medical negligence, commercial law, ..


Information sheet 8_Enduring Powers of Attorney


provides information about Enduring Powers of Attorney (EPA). .. includes Justices of the Peace, medical practitioners, officers of the State and .. loss or damage howsoever caused and whether or not due to negligence arising from the use or ..


Questions on notice - Communications, Information Technology and ..


- If the complaints raised medical malpractice or procedural issues related to .. My information is that there were nine lawyers from Minter Ellison working on the ..


Recurring Issues in CA 2008


Australia – loss of less than 50% chance in medical malpractice cases) ... (2006) 66 NSWLR 474 (where party not liable to pay solicitor until successful ..


2003 LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL ..


injury outcomes, particularly in the case of medical negligence. ... responsibilities of lawyers in connection with all claims for damages (not ..


Australian developments | ALRC


As the Australian Government Attorney-General noted in his Second ... dust-related diseases, medical negligence and claims from minors.


Law Handbook Online - South Australia


MEDICAL TREATMENT AND RELATED ISSUES .. CONSENT · OBTAINING MEDICAL RECORDS · MEDICAL NEGLIGENCE .. POWERS OF ATTORNEY ..


Af\fV1C


ANMC questions the need for the inclusion of a lawyer on the committee .. relation to professional practice rather than just focus on medical negligence ..


Issues website 27 June 2011


determination of Approved Medical Specialist; jurisdictional error .. KING & ANOR. Professional negligence: breach of duty by solicitor; proper ..


Sir Jack Evelyn Cassidy : About New South Wales


Cassidy served articles of clerkship with the Sydney solicitors Sly & Russell .. in appeals (1945-47) in the notable medical negligence proceedings, Hocking v.


Joint Communique - Ministerial Meeting on Insurance Issues [04/04 ..


The Attorney-General, through the Standing Committee of ... expert witness trial to deal with medical negligence and potentially other classes ..


Reform of Negligence Law – The Queensland Response: The draft ..


recommendations of the Negligence Review Panel in the Review of the Law of ... proposed reforms, the Australian Plaintiff Lawyers' Association (APLA) argues .. announcement of a medical indemnity framework and package on 23 October ..


eTendering - NSW Health - Archived Tender Detail View - HAC 10/32


The majority of these matters are clinical negligence matters, however, these matters will also .. Adams & Partners Lawyers, -, 443 High Street ..


Doctors patients and the courts


that these rules are leading inevitably to a medical malpractice 'litigation .. Such an understanding will enable doctors, patients and lawyers to influence the ..


Limitations of legal professional privilege to communications of in ..


Claims of legal professional privilege (LPP) for communications by lawyers serving in .. essence, that the termination, although purportedly made on medical grounds, .. negligent in terminating his employment when it knew, or ought to have ..


ACCESS TO NON-GOVERNMENT INFORMATION


Such discovery proceedings are usually complex and require the assistance of a solicitor experienced in medical negligence claims.


Medical indemnity insurance


sector are generally indemnified against medical malpractice by the relevant .. For example, accountants, lawyers, investment advisers and valuers are usually ..


TWO NEW JUDGES FOR THE COUNTY COURT OF VICTORIA ..


Deputy Premier and Attorney-General Rob Hulls today announced .. "He has also appeared in medical negligence matters in both the ..


Dr William Marchione


MEDICAL or social and behavioural attitudes as being important. .. Plaintiff lawyers have had enough political influence in the senate that many sections .. can be given legal significance when assessing contributory negligence and ..


Media Statements - Home


Attorney General Christian Porter today appointed two new regional .. complicated matters for inquest such as medical negligence, mining and ..


Council Members - Professional Standards Council : Lawlink NSW


..

by the Attorneys General of each state and territory and the Commonwealth .. and personal injuries, medical malpractice, public liability and CTP claims.


Comparison of Workers' Compensation Arrangements in Australia ..


It was no longer necessary to prove negligence on the part of an employer. Nonetheless .. establishing expert Medical Panels to determine medical questions ..


2 TAKING CONTROL OF YOUR HEALTH CARE DECISIONS 2.1 ..


New South Wales Young Lawyers. Page 10. 2 .. You can validly consent to medical treatment only when your consent is given freely. For example, if you ..


LAWYERS Lave"


KCI Lawyers Submission into Policy Review of Comcare's .. current (or any other edition) of the American Medical Association 's Guide to the Evaluation of ..


Torts : a practical learning approach / Andrew Clarke ; John ..


Part A: The tort of negligence; An overview; The three main elements .. Defences to negligence claims; Duty of care 2; Medical negligence; Lawyer negligence.


Document


Rich Text Format - 14 Income, expenses, business liabilities and malpractice Claims 19 .. the business of a public hospital, including all surgical, clinical, other medical and ... legal costs and expenses on a solicitor/own client basis and the cost of time spent, ..


Medicine_M2 - 200406.indd


giving expert evidence in cases of medical negligence or in coronial inquests, as part of their medical practice. If you wish to practise as a lawyer in the area of ..


5 Australian Lawyers Alliance.pdf


magazine Precedent is essential reading for lawyers and other professionals keen to keep up to date with developments in personal injury, medical negligence, ..


CONSENT


OBTAINING MEDICAL RECORDS · MEDICAL NEGLIGENCE .. execute a 'Medical Power of Attorney' appointing an agent to make decisions ..


GRAHAM HILEY BA LLB QC RFD CURRICULUM VITAE Address ..


Northern Territory Supreme Court - solicitor and barrister - 27/4/76 .. Stephen Jacques & Stephen, solicitors, Sydney -. 1970- .. negligence (legal and medical) ..


Facilitating the Early Resolution of Disputes without Litigation


2004–2014: Attorney-General's Justice .. the areas of housing disrepair, medical negligence, construction industry disputes, and personal injury cases.


Kerrie Burmeister - Action On R


eminent Singapore lawyers (including four Senior Counsel) as a plenary session. I also gave a paper on mediation of medical negligence matters at the same ..


Graeme P Harrison


most expensive lawyers are 'first visit free'. Of course it would be an issue .. Getting rid of medical negligence insurance costs (or greatly reducing them) would ..


Our organisation - HQCC


..

the Department of Justice and Attorney-General, with four years as Executive .. in a variety of claims arising from negligent medical care, clinical drug trials, ..


HEALTH PRODUCT SAFETY


In a claim of negligence, the manufacturer may argue that the claimant voluntarily accepted the risks associated with the product or medical ..


Human Rights Law Bulletin Volume 5


Before Chisholm J, lawyers for the mother argued that where the removal of a .. in consequence of medical negligence, a couple become the parents of an ..


ACT Government Gazette Gazetted Notices for the week beginning ..


Rich Text Format - Eligibility/Other Requirements: Fully registered medical practitioner with the ACT ... The ACT Government Solicitor is the principal legal service provider to the .. medical malpractice claims, breach of contract, coronial inquests and victims of ..


New magistrates for Geraldton and Kalgoorlie - Media Statements ..


Attorney

General Christian Porter today appointed two new regional .. matters for inquest such as medical negligence, mining and industry-related deaths and ..


Protecting volunteers?


by M Eburn - 2003 - - being transported from the scene of the emergency to hospital or other 'adequate medical care'. They must act in good faith and without gross negligence and ..


Client Handbook Update - South Australian Attorney-General's ..


Using the Services of the Crown Solicitor's Office…… Terms of .. Attorney-General for the provision of legal services to the Attorney, to ... medical negligence.


Report on Mandatory Reporting of Medical Negligence


Committee on the Health Care Complaints Commission. Report on Mandatory Reporting of Medical Negligence. November 2000. - 16 -. Solicitors may also play ..


2 About ADR - National Alternative Dispute Resolution Advisory ..


- A barrister must inform the client or the instructing solicitor about the ... of an expert determiner whilst medical negligence cases are difficult to resolve early as ..


Supreme Court : The Trial Process


Speech to the Australian Insurance Law Association on Thursday, .. as the process for determining if a medical practitioner was negligent in ..


18 April 2011 - Adelaide public hearing transcript - Disability Care ..


AUSTRALIAN LAWYERS ALLIANCE: ANTHONY ... medical negligence and other forms of injury that are caused through human activity ..


ADDITIONAL INFORMATION REPRESENTATIVES ON OUTSIDE ..


Admitted Barrister and Solicitor to the Supreme Court of South Australia. .. the management of medical negligence and public liability claims for ..


LEGAL PROFESSION


In South Australia lawyers study at either the University of Adelaide or Flinders .. fees, fees for medical or other reports, and fees for expert witnesses. .. It has no power to make a finding of negligence against the lawyer but ..


s54 ICA


Rich Text Format - .. lawyers and others, and, for D&O, most types of risk. R&SAIAL does not write Medical Malpractice business for qualified medical practitioners or hospitals.


WAURNVALE MEDICAL CENTRE


A medical example is useful to illustrate how multiple consumer requirements .. lawyer should be equally considered a candidate for contributory negligence.


SPECIAL COMMISSION OF INQUIRY


10 medical negligence lawyer and I also represent four of the. 11 nurse informants in this inquiry. Two of the points I want. 12 to make arose ..


Speech - Opening Statement at Stakeholder Forum - Medico-Legal ..


At the outset I should say that I regard medical indemnity as a work in progress. .. has got out of whack, especially in regard to medical negligence claims. .. And you will remember the disturbing quote by the lawyer in the film ..


Compensation and damages


or for any other reason due to the negligence or fault of another person. Payments .. When a settlement is pending you, or your Solicitor on your behalf, can take ..


Second insurance industry market pricing review


3.2.3 Medical malpractice. ... significant compensation claims for negligence. ... assistance or aid organisations have also been established covering lawyers, ..


SOUTH AUSTRALIAN GOVERNMENT CAPTIVE INSURANCE ..


.. the Crown Solicitor's Office was established within SAICORP to enable the in-house management of medical malpractice and other litigious ..


TABLE OF CONTENTS


PROFESSIONAL NEGLIGENCE (proposed Part 7) . ... should be expected of professionals, not only of medical practitioners but also other professional ... against students and lawyers against clients with respect to the conduct of litigation." ..


NEW SOUTH WALES BAR ASSOCIATION THE COMMUNITY OF ..


constitutional lawyer, Sujit Choudhry has written:3 .. outcome, in a medical negligence case, constituted compensable damage, where ..


Chapter 18: A national injury insurance scheme - Inquiry report ..


- Moreover, it is particularly hard to reliably determine whether clinical care was .. Various lawyer representatives and associations expressed concern about the ... (for income losses and pain and suffering), especially for medical negligence ..


Expert Evidence: The Problem of Bias and Other Things - Supreme ..


There is no reason to restrict this to the Professional Negligence List. A practice note ... Lawyers do not appear before such medical boards.


An evaluation of the NSW court liaison services / Deborah Bradford ..


Attorney

General's Dept | year=2009 | publisher=NSW Bureau of Crime .. Report on mandatory reporting of medical negligence / Parliament of New South ..


MEDICAL TREATMENT FOR THE DYING Discussion Paper Issued ..


Powers of Attorney Act 1998. 20. Guardianship and Administration Act 2000. 22. SOUTH AUSTRALIA. 23. Consent to Medical Treatment and Palliative Care Act ..


8


- Where can I purchase an Enduring Power of Attorney INFORMATION kit? .. This includes Justices of the Peace, medical practitioners, officers of the State and .. or damage howsoever caused and whether or not due to negligence arising from ..


ACCIDENTS INVOLVING ANIMALS


ACCIDENTS AT WORK · MOTOR VEHICLE ACCIDENTS · NEGLIGENCE · Browse Law Handbook · Advanced Search · Glossary · Acts and ..


Personal Injuries Proceedings Act 2002


Particular provision for notice of a claim procedure for medical negligence cases ... (a) is given to the Crown solicitor; and .. medical negligence cases. (1) This ..


Submission - Inquiry into the impact of public liability and ..


- The potential collapse of United Medical Protection (UMP), Australia's largest .. insurer and the withdrawal of commercial type insurers from the medical malpractice .. It is very expensive to engage one set of lawyers to initiate a claim, another ..


How to make a Claim - Motor Vehicle Personal Injury - Insurance ..


Completion of the Medical Authority allows us to request medical reports .. we will write to you (or your lawyer) acknowledging receipt of the claim. .. liability is determined by reference to whether or not negligence can be ..


Giving Evidence in Court - A Guide for Staff in the Health Field


negligence or personal injuries, a work health dispute, a dispute between private individuals .. witness you may not be subpoenaed, so check with the solicitor who is calling you to give .. You may be asked to identify a medical record or other ..


legal Doc


Most lawyers use the expression "negligence" to mean the cumulative effect of these elements. .. In medical negligence cases, evidence will usually include: ..


Contemporary Challenges For The Justice System – Expert ..


The development of the law of negligence during the 20th century contributed .. In many cases the decision-maker will not be a lawyer. .. This required an understanding of the relevant medicine, including an analysis of the ..


Structured settlements - information for .. - Australian Taxation Office


These claims may arise out of motor vehicle accidents, sporting accidents, medical negligence, public liability, product liability and similar ..


SOUTH AUSTRALIAN GOVERNMENT CAPTIVE INSURANCE ..


.. the Crown Solicitor's Office has also been established within SAICORP to enable the in-house management of medical malpractice and other ..


Harry Richard Bailey : About New South Wales


In 1978 the committee wrote to the attorney-general detailing the evidence of medical malpractice, and newspapers began to report their allegations. That year ..


SECTION Civil System


in a motor vehicle accident6 or through medical malpractice;. (f) claims for ... by them or their respective solicitors that the District Court has power to hear and ..


//t/5


SUBMISSION TO THE LAW OF NEGLIGENCE REVIEW. Dear Sir, .. litigation lawyers say this is an industry out of control, undergoing unsustainable .. on the legal fees (eg a medical case l recently heard of where the courts awarded the ..


Time for Tort Law Reform?


measures that include imposing some restrictions on lawyer advertising; limiting legal ... being personally exposed to medical negligence claims. Following the ..


, Kennedy Spanner


Medical Negligence e are t e SO Icltors or Mr & Mrs .. NEWBERRY of c/- Kennedy Spanner Lawyers, 156 Hurne Street, Toowoomba in the State of Queensland ..


2 August 2002 - Review of the Law of Negligence - Treasury


hospitals are able to renew their medical malpractice/professional ... Florida Hotels Pty Ltd v Mayo (1965) 113 CLR 588; or lawyers..


Not for Resuscitation (NFR)


a medical practitioner makes a clinical decision not to provide CPR .. duty (as part of a cause of action in negligence) may be occasioned by either an act or an ..


Trove - Torts : a practical learning approach / Andrew Clarke ; John ..


30+ items – .. Medical negligence; Lawyer negligence. Part B: Torts other ..










Australian Catholic University. Brisbane Campus Library

 


001644604; 346 ..

 


Australian Catholic University. North Sydney Campus Library

 


001644604 ..

 



Australian Property Institute 11 February 2000


(1981) All ER 267 was a case involving a claim for medical negligence. The House of Lords .. The lawyers blocked out a couple of lines in ..


Appendix 1 - The Law Relating To Consent To Medical Procedures


The negligent act is usually found in the medical procedure. .. professional people in an advisory position, such as lawyers and accountants.


Submission - Inquiry into the impact of public liability and ..


- This is because many lawyers operate on a 'no-win, no-fee' basis for public liability and medical negligence claims. They advise their clients at an early stage if ..


District Court of Western Australia


- Examples of cases in which a special appointment pre-trial conference may be appropriate include complex commercial disputes, medical negligence cases, ..


duty to maintain confidentiality


MEDICAL TREATMENT AND RELATED ISSUES · PATIENTS' RIGHTS · CONSENT · OBTAINING MEDICAL RECORDS · MEDICAL NEGLIGENCE .. for example to a solicitor or another doctor, or there is an emergency and it ..


Untitled - National Alternative Dispute Resolution Advisory Council


Subordinate Courts of Singapore in medical negligence claims. 4. 6.9. What strategies could be pursued by litigants, lawyers, tribunals, courts or government ..


Chapter Nine Waiting Times in the District Court


.. Annual Reports of the Attorney General's Department , 1995-6 to 2000-01. .. rights in medical negligence and workers' compensation cases. In response, ..



E Law: Review of Medical Negligence - Murdoch University


by B McGivernMedical negligence cases have attracted considerable attention and comment, particularly with the perception that this kind of litigation is on the increase.


Luntz, Harold --- "Loss of Chance in Medical Negligence" [2010 ..


by H Luntz Thus there is nothing in s 5D (or s 5E) that stands in the way of extending loss of chance to medical negligence cases. 2. Case law on loss of ..


Professor Barbara McDonald - Sydney Law School - The University ..


"The Reach of the Tort of Negligence", (1997) 71 Australian Law Journal 822-829 (with J Swanton); "Issues in Medical Negligence", (1996) 70 Australian Law ..


WebLaw - Health Law


20+ items – Medical Treatment Health Directions Act 2006 (ACT): An Act to ..








AB v The Attorney-General for the State of Victoria [2005] VSC 180

 


Breen v Williams (1996) 186 CLR 71

 



DEFENCES IN MEDICAL NEGLIGENCE: To WhAT ExTENT hAS ..


by J YULE - The review of the law of negligence was in response to a perceived crisis in liability insurance; in particular, medical indemnity insurance.3 This perceived crisis ..


Defences in medical negligence : to what extent has tort law reform ..


by JM Yule - 2011 - Yule, Jennifer M. (2011) Defences in medical negligence : to what extent has tort law reform in Australia limited the liability of health ..


Medical Law - Courses and Programs - The University of ..


The law as it relates to selected aspects of medicine and medical practice including medical negligence, medical battery, abortion, euthanasia, property rights in ..


E LAW | A Remedy for Nervous Shock or Psychiatric Harm – Who ..


Then, we will see how liability in negligence law for "nervous shock" is .. short of medically proved psychiatric harm may thus be unnecessarily excluded.[15] ..


WebLaw - Torts


Emergency Medical Operations Act 1973 (NT): An Act relating to the .. (QLD): An Act to reform the law of Civil Liability for negligent acts, and for other purposes.


QUT | Staff Profiles | Tina Cockburn



Associate Professor - Faculty of Law, Law SchoolKeywords. elder financial abuse, elder law, equity , medical law, medical negligence, online learning , succession law, tort law, trusts, work integrated learning ..


E Law: R v Pacino: Extending the Limits of Criminal Negligence?


by IM StudentAt common law criminal negligence is not to be confused with negligence at tort. .. It was the prisoners' duty, therefore, to provide the medical aid, food, and ..


Reforming the law of medical negligence: Solutions in search of a ..


by M Parker - 2011 - - Parker, Malcolm (2003) Reforming the law of medical negligence: Solutions in search of a problem. Torts Law Journal, 11 2: 136-164.


Example of the Development of Court Made Law The development ..


For negligence because it did not exist in law, (and court was reluctant to .. congenital defects, who would have been aborted but for medical negligence, ..


Professor Harold Luntz - Staff Profile


"Reform of the Law of Negligence: Wrong Questions - Wrong Answers" .. and Tort Law Reform" (2003) 10 Journal of Law and Medicine 385; ..


QUT | Staff Profiles | Malcolm Smith



Dr - Faculty of Law, Law SchoolClinical Negligence, Health Law, IVF regulation, Medical Law, PGD regulation, .. Dr Malcolm Smith joined the QUT Law School in June 2011 as a Lecturer.


Loss of chance in medical negligence claims now a lost cause ..


by AP Stickley - 2010 - Stickley, Amanda P. (2010) Loss of chance in medical negligence claims now a lost cause? Queensland Lawyer, 31(1), pp. 21-23.


Statutory amendments to civil liability of professionals including ..


by M Weir - 2003 - tions of this report have been implemented there have been significant statutory changes to the law of negligence for medical doctors and other professionals.


Professor Belinda Bennett - Sydney Law School - The University of ..


B. Bennett and I. Freckelton, "Life After the Ipp Reforms: Australian Medical Negligence Law" in Ian Freckelton and Kerry Petersen (eds) Disputes and Dilemmas ..


WRONGS ACT 1958


Offences under this Act deemed to be indictable offences PART I-CRIMINAL DEFAMATION 3 .. Transitional PART IIB-NEGLIGENCE-INTOXICATION AND ILLEGAL ACTIVITY 14F. .. Administration Division 5-Procedure of Medical Panel 28LY.


Negligence Ch 3 pptx


Microsoft Powerpoint - Vickery &Pendleton Australian Business Law - Compliance & Practice 6e - Pearson Education Australia. Many cases, such as medical negligence claims, could ..


Causation in law and medicine - Deakin Research Online


by I Freckleton - 2011 - - It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, ..


Harriton-v-Stephens-case-study.rtf


Rich Text Format - Case Study - Negligence and the Role of the Courts .. been aborted but for medical negligence, has a right of action against the medical practitioner, .. relationship between the two parties, rather than by reference to a specific act or damage ..


Loss of a Chance - [1999] VUWLRev 17; (1999) 29 VUWLR 225


by B Origins[3] Loss of a chance damages also have origins in medical negligence law. However in the late twentieth century, the loss of a chance theory has slipped its ..


the sydney law review


of medical negligence, where the application of established legal principles to actions involving life and death are likely to produce results that conflict with ..


WorldLII - Categories - Countries - United Kingdom


Collection of online guides to UK law. Topics includes consumer law, media law, company law, Scottish law, criminal law, medical/clinical negligence law, ..


A Duty to Care: Pharmacists' Negligence: Implications for ..


by KLY Ming - - 9 J. Healy, Medical negligence: Common law perspectives. (1999) 245. 10 See further Hooks SuperX v. McLaughlin, 642 N.E.2d 514. (Ind. 1994); R. Termini, ..


Contemporary developments in the law relating to personal injury ..


by BD Bongiorno - 2001 - personal injury, negligence and compensation. Bernard D. .. The modern law of Negligence dates from. 1932 ... case in the area of medical negligence. In the ..


Law Institute of Victoria - Personal injuries and compensation ..


Generally, an injured person needs to establish negligence by another person .. An approved medical practitioner or Medical Panel under the Act makes the ..


Legal issues in medicine 506 - Monash University


Legal issues in medicine 506. .. and the law and alternatives to litigation; medical negligence and consent; rights to refuse medical treatment, ..


ERRORS, MEDICINE AND THE LAW ALLAN MERRY AND ..


by A Merry - - Errors, Medicine And The Law · Allan Merry .. These figures, they say, would indicate more people are dying from medical negligence than dying on the roads.


Professor Malcolm Parker - UQ reSEARCHers (Biography)


Associate Professor Of Medical Ethics .. Changes in medical negligence and tort law .. Education in medical ethics, medical and health law, professionalism, ..


Publications 2006 - Monash University - Faculty of Law - Monash ..


Bennett, B., Freckelton, I.R. 'Life after the Ipp Reforms: Medical Negligence Law' in Kate Diesfield and Ian Freckelton (Eds.) Disputes and ..


Associate Professor Anne-Maree Farrell - Faculty of Law - Monash ..


Dr Anne-Maree Farrell is an Associate Professor in the Faculty of Law. .. involved in funded research projects covering the following areas: medical negligence, ..


Causation in Criminal Law


by E Colvin - 1989 - - It has been accepted for inclusion in Bond Law Review by an authorized administrator of ... As in Smith, there was an issue of medical negligence, but again the ..


Associate Professor Anne-Maree Farrell, Monash Law


Book Review: The Law of Medical Negligence in England and Germany: A Comparative Analysis' (by M. Stauch) Medical Law Review 17(2009) 3, 497-501.


THE BIRTH TORTS: DAMAGES FOR WRONGFUL BIRTH AND ..


by D STRETTON - - disabled child owes his or her existence to an act of medical negligence, the child cannot sue the negligent doctor to recover the costs associated with the ..


'Wrongful life' and the law


by J Hintz - 2006 - It has been accepted for inclusion in The National Legal Eagle by an authorized .. a disabled child claiming that but for medical negligence, he or she would ..


Has Rogers v Whitaker ((1992) 175


MEDICAL NEGLIGENCE LIABILITY .. Medical Negligence Litigation— there is no crisis! .. risks to patients to protect themselves from medical law suits.


QUT | Staff Profiles | Jennifer Yule



Mrs - Faculty of Law, Law SchoolResearch Interests. Torts; Medical Negligence; Legal Education; Mooting and Technology. This information has been contributed by Mrs Jennifer Yule.


Legal issues - Deakin Research Online - Deakin University


by D Mendelson - 2011 - Associate Professor, School of Law, Faculty of Business and Law, Deakin University. JURISPRUDENTIAL .. negligence of the attending medical practitioner.


Setting the Standards for Medical Negligence: The Bolam test post ..


to consider how the standard of care in medical negligence cases is to be .. conflicting views on acceptable medical practice, then, as a matter of law, the ..


BOOK REVIEW


by T Carver - 2009 - in the medical, public liability, and professional indemnity insurance sectors), a panel headed by Ipp JA was asked to inquire into the law of negligence and ..


Shumei Hou - Griffith University


Bachelor of Law (China), Master of Law (UTS), PhD (UTS), Lawyer in China .. 'Compensation for Medical Negligence in China' (Chapter 1), The Identification ..


Congratulations to our Alumni appointed Senior Counsel | UNSW LAW


Richard's main areas of practice are construction law, professional negligence, medical negligence, insurance and common law. Richard has ..


LAWS3324 Medicine and the Law - S2 2011 [RTF - Faculty of Law ..


Rich Text Format - It incorporates and applies a range of legal disciplines and skills. Whilst it is commonly associated with professional (medical) negligence, the practice of health ..


ANALYSIS AND EVALUATION OF VICTORIAN REFORM IN ..


by J CHU - - 19 Law Council of Australia, above n 12, Backgrounder – Medical Negligence. 20 John Keeler, 'Personal Responsibility and the Reforms Recommended by the ..


TITLE: "Doctors, Lawyers and Immunity From Suit: What's Fair for ..


It is an interesting question. Particularly when one recalls the fact that the law forced the medical profession to accept negligence liability quite a few decades ..


Cases and Comments


by K PETERSON - comment on the potential to draw a brighter line in cases involving insanity and medical negligence. 2. Statutory Context. The Mental Health Act 1990 (NSW) ..


Bachelor of Laws/Bachelor of Science - Local - CourseFinder - La ..


Specific scientific knowledge can be used in areas of law such as environmental and planning law, intellectual property, medical negligence ..


Perceptions of responsibility for clinical risk management â•fi ..


by S Andrew - 2003 - - profession to understand the complexities of these legal decisions. 1 Melnitchouk, O. (1996), 'Extending Liability for medical negligence', Torts Law Journal, 4, ..


UTS: 76045 Medicine and Law - Law, UTS Handbook


This subjects deals with the aspects of law relevant to health care. .. Other important areas such as medical negligence, consent to treatment, access to and ..


International perspectives on torts law - Monash University


For postgraduate Law discontinuation dates, please see .. the recoverability of damages where medical negligence results in child birth, and ..


Prof Ian Freckelton - Researcher Profile - Monash University


Freckelton, I., 2010, An Exclusive Love, Journal of law and medicine [P], vol 18, .. Consequences of suicide for negligence compensability, Precedent [P], vol 99, ..


A healthy prescription: doctors, own up to medical mishaps ..


Academics, judges and many in the legal profession have been suggesting that the statutory changes to medical negligence are grossly unfair ..


Litigation - College of Law


Andrew Stone; Comments on the MAA's Proposed Lifetime Care and Support Plan - Andrew Stone; Medical Negligence Law – 2005 Update - Bill Madden; ..


This file was downloaded from: http://eprints.qut.edu.au/46732/


by JM Yule - 2011 - lication in the following source: Yule, Jennifer M. (2011) Defences in medical negligence : to what extent has tort law reform in Australia limited the liability of ..


Hirsch, David --- "Rights and Responsibilities in Wrongful Birth ..


by D HIRSCH - The parents of a child born as a consequence of medical negligence are .. Inconceivable as these propositions may appear, this is the law in Australia as laid ..


Legal issues - Deakin Research Online - Deakin University


by D Mendelson - 2011 - - Medicine and Law: The History of the Liability for Negligently Caused Psychiatric Injury (Nervous Shock) (Ashgate, 1998). 6 Law Reform (Miscellaneous ..


Services | UNSW LAW


Kingsford Legal Centre provides free legal advice and assistance to people who live, work .. Medical negligence; Commercial matters or business law; Taxation ..


507AA Master of Health and Medical Law


Law of Negligence (formerly Current Developments in Negligence Law). # Law on the Beginning and End of Life #. # Medical Ethics (Formerly Bioethics from an ..


343AA Graduate Diploma in Health and Medical Law - 2012


Melbourne Law School's health and medical law program is open to .. Law of Negligence (formerly Current Developments in Negligence Law) ..


Medical negligence, litigation and mediation


by L Emanuel - 2002 - Emanuel, Lisa and Mills, Michael (2002) "Medical negligence, litigation and mediation," ADR Bulletin: Vol. 5: No. .. number of medico-legal claims against ..


" BREAST CANCER SCREENING AND MEDICAL NEGLIGENCE _ ..


by B Chappie - 2000The Law of Torts relating to Medical Negligence. Duty of Care and Standard of Care. THE SCREENING PROGRAM AND DUTY OF CARE. 4.1 Diagnosis and ..


Suicide and Civil Litigation


by IN Pert - 1974 - - medical instruction and supervision. In keeping with the principles of negligence law, the key words reflecting the degree of responsibility imposed are ..


PERSONAL INJURIES PROCEEDINGS ACT 2002


Notes in text Part 2--Main purpose and application of Act 4. Main purpose .. Particular provision for notice of a claim procedure for medical negligence cases 10.


UNSW Handbook Course - Health and Medical Law - LAWS3401


Health and Medical Law is a relatively new and growing discipline in Australia. .. patient rights (international and domestic); battery; medical negligence ..


Victoria Coakley


Upon returning home in 1996 she completed the NSW admissions requirements and worked in the medical negligence and employment law division at Tress ..


Negligent liability in sport


by N Schot - 2005 - - Glesson CJ and Kitto J have both stated that the law of negligence applies .. adequate medical care, and warning [participants] of the latent dangers'35 of the ..


Fiona Clarke Home Page


Previous experience: Solicitor Fountain & Bonig - Medical Negligence and Civil Litigation Law. Websters Lawyers - Worker's Compensation Law, and some ..


RAW Law Vodcast Series - Monash University


research,law,writing,monash,importance. .. from medical negligence, crime and administrative law to his current practise of property, contract, ..


Medicine and the Law : UWA Handbooks 2012 - Units : The ..


LAWS3324 Medicine and the Law [UG] .. health care including medical negligence and professional regulation; (4) representing health carers ..


QUT - Professional Law Program


We offer units from the Master of Laws course for professional development. .. Consent to Treatment and Clinical Negligence (LWN166CPE), Monday 28 May ..


Health Law


or medical law: the legal issues arising from the .. excellence in health law research and teaching within the .. Problems in Medical Negligence Litigation ..


Law journal databases | Australian Law Postgraduate Network


The most effective way to find articles in legal journals is to use one of the many .. This example shows how to find full-text articles on medical negligence.


Medical negligence litigation - lphresearch


The Law and Public Health Group seeks to improve knowledge of .. ire and angst among health professionals as medical negligence litigation.


LAW224 - UTAS Unit Detail


LAW205 · Constitutional Law 1 .. Torts B focuses on the general principles of negligence as well as more specific areas such as medical negligence, negligent ..


Research Supervisor Profile for Professor Belinda Bennett ..


15+ items – Belinda's areas of interest are Health and Medical Law, Legal ..








B. Bennett, "Surrogacy" in B. White, F. McDonald & L. Willmott (eds) Health Law ..

 


Bennett, B and Freckelton, I, "Life After the Ipp Reforms: Australian Medical ..

 



LAW223 - UTAS Unit Detail


LAW205 · Constitutional Law 1 .. Torts B focuses on the general principles of negligence as well as more specific areas such as medical negligence, negligent ..


Chase, Kathy - College of Law


College of Law - Corporate Home .. working on medical negligence matters; and teaching part-time at TAFE in Contract Law, Property Law and Trade Practices.


This file was downloaded from: http://eprints.qut.edu.au/46780/


by AP Stickley - 2010 - lication in the following source: Stickley, Amanda P. (2010) Loss of chance in medical negligence claims now a lost cause? Queensland Lawyer, 31(1), pp.


International perspectives on torts law - Monash University


This unit will examine the law of non-contractual wrongs from a .. the recoverability of damages where medical negligence results in child birth, ..


343AA Graduate Diploma in Health and Medical Law


Law of Negligence (formerly Current Developments in Negligence Law). # Law on the Beginning and End of Life #. # Medical Ethics (Formerly Bioethics from an ..


Recent developments : loss of chance in medical litigation : Tabet v ..


by T Cockburn - 2010 Keywords: medical law, medical negligence, medical ethics, loss of chance, negligence. ISSN: 1176-7529. Subjects: Australian and New ..


WorldLII - Categories - Subjects - Health & Medicine


15+ items – Search All World Law: Medical negligence * Search Legislation: ..










Annual Review of Population Law [Search ]

 


Database of summaries and ..

 


Medical

and Public Health Law Site [Search ]

 


Contains information and links ..

 



LAW5133: Legal issues in medicine 506


Legal issues in medicine 506. .. and the law and alternatives to litigation; medical negligence and consent; rights to refuse medical treatment, ..


Representative Publications - lphresearch


No-fault Medical Malpractice in New Zealand. Chapter in: Legal Medicine (American College of Legal Medicine). New York: Elsevier ..


CRIMINAL CODE 1899


Interpretation of ch 2 Chapter 3--Application of criminal law 11. .. Surgical operations and medical treatment 282A. .. Negligent acts causing harm 328A.


Bennett, Belinda --- "Setting the Standard? - Clinical Practice ..


by B BENNETT - Clinical Practice Guidelines and Medical Negligence Litigation" [1997] UNSWLawJl 48; (1997) 20(3) University of New South Wales Law Journal 707 ..


Can't buy me love — Public Policy Implications of Cattanach v ..


by N Cica - 2003 - reforms to the law of negligence in Australia, including as it specifically applies to the liability of medical practitioners. The Ipp recommendations aimed to reduce ..


Informed consent : the review of the law of negligence and the utility ..


by T Cockburn - 2010 Informed consent : the review of the law of negligence and the utility of .. for medical practitioners on providing information to patients 2004.


R. v. Valentine [1842] - Macquarie Law School


manslaughter - medical negligence .. Although it was his duty to act as prosecutor, he regretted to hear that numerous witnesses were in ..


Criminet - Manslaughter mansl.htm - ANU College of Law


A. The Meaning of "Criminal Negligence"; B. The Standard of Negligence: "A high ... However, the law does not require medical treatment to be administered to ..


Free Legal Advice | beta.klc.unsw.edu.au


Kingsford Legal Centre provides free legal advice and assistance to people who live, work .. Medical negligence; Commercial matters or business law; Taxation ..


Health law in Australia | QUT ePrints


by BP White - 2010 - Beginning with an exploration of the general principles of health law, including chapters on "Medical Negligence", "Children and Consent", and ..


Curriculum Vitae - UNE Employment - University of New England


'Setting the Standards for Medical Negligence: The Bolam Test post Rogers v Whitaker' (Continuing Legal Education Seminar, University of New England, ..


A Systems Approach to Accepted Standards of Care – Shifting the ..


by DG Glance - 2011. Abstract. In health care, from a legal perspective, the standard of acceptable .. claimants and defendants in medical negligence cases [31]. A case which ..


Tort law reform: Impact on compensation scheme design


Review of the law of negligence (Justice Ipp). ▪ Focus: ▪ Public liability and medical negligence. ▪ Outcome: ▪ Changes to the establishment of ..


UTS: Health, family and communities research network - law at UTS


The members do work in areas such as reproductive technology regulation, mental health law, medical negligence, disability, professional ..


When is a teacher or school liable in negligence?


by H Newnham - 2000 - - negligence the student who becomes in law the .. are aware of how the law of negligence operates and what ... ALR 517 a case involving medical negligence ..


UTAS Unit Detail


LAW205 · Constitutional Law 1 .. Torts B focuses on the general principles of negligence as well as more specific areas such as medical negligence, negligent ..


Law for health systems - Monash University


Focus on key areas of medical and health law such as negligence consent, privacy of health information, clinical research, abortion, euthanasia ..


QUT - Health Law research area


D Butler, T Cockburn and J Yule, Medical Negligence in B White, F McDonald and L Willmott (eds), Health Law in Australia, Thomson, Sydney, ..


Peter MacFarlane Home Page


2. Medical Negligence; Journal of Health Administration 1986. 3. Unfitness to be Tried for an Offence; Criminal Law Journal Vol 11 No 2 1987. 4. Recidivism ..


imageREAL Capture


by J Seymour - - of the reasonable body of medical practitioners.3 In Chapter Four the law relating to negligence is examined as applied in cases concerning unsatisfactory ..


Community - Staff Profile


Australian Orthopaedic Association, Medical Negligence and the Expert Witness, 'General Principles of the Law of Torts', Legal Professional ..


CIVIL LIABILITY ACT 2002 (NSW)


All personal injury damages claims, including medical negligence, contract and tort liabilities, except: ➢ Workers Compensation Act awards. ➢ Dust Diseases ..


Faculty of Business and Law


Deakin University Faculty of Business and Law .. I have a keen interest in criminal defence - especially medical negligence cases and in the ..


Facebook: a cunning litigator's best friend | UNSW Newsroom


But it does mean that anyone with good, legal cause is increasingly likely .. In a medical negligence, workplace injury or car accident case, the ..


A Brief Introduction to Medical Misadventure - [2004] VUWLRev 36 ..


by P Butler - - This article examines the development of medical misadventure law in New .. misadventure so that, more or less, only cases of medical negligence were ..


WebLaw - Browse


Results 11 - 20 of 106 – Centre for Values, Ethics and the Law in Medicine .. (1998) Aust Torts Reports 81-492 Catchwords: Negligence - Causation - Failure to ..


Browse By Person: Yule, Jennifer | QUT ePrints


5+ items – .. Yule, Jennifer M. (2010) Medical negligence. In Health Law in ..










Yule, Jennifer M

 


(2011) Defences in medical negligence : to what extent has ..

 


Yule, Jennifer M

 


(2010) Duty of care for mental harm suffered by rescuers ..

 



UNSW Handbook Course - Health and Medical Law - JURD7301


Health and Medical Law is a relatively new and growing discipline in Australia. .. patient rights (international and domestic); battery; medical negligence ..


Medicine and the Law : UWA Handbooks 2012 - Units : The ..


Content, This unit provides an introduction to the legal principles that govern .. care including medical negligence and professional regulation; ..


Missed Breast Cancer: The Legal Factors


by M Weir - 2005 - ARE MEDICAL DOCTORS EXPECTED TO BE PERFECT? The legal test that is applied in medical negligence cases is not a test of perfection and ultimate care ..


QUT | LW54 Graduate Certificate in Applied Law


LWN155, Biotechnology Law. LWN163, Capacity, Guardianship and Administration. LWN166, Consent To Treatment and Clinical Negligence ..


R. v. Valentine [1843] - Macquarie Law School


laudanum, medical practitioner, criminal defendant, manslaughter, medical negligence. Supreme Court of Van Diemen's Land. Pedder C.J., 7 ..


LLM610 Health and Medical Law - UNE - Course and Unit ..


LLM610 Health and Medical Law. .. Topics will include consent, medical negligence and health care complaints. This unit will be of particular interest to ..


2005 News Archive - Sydney Law School - The University of Sydney


Jump to ‎: .. an Associate Professor in Law and .. and medical negligence litigation: the ..


Harriton v Stephens: Life, Logic and Legal Fictions


by A GREY - - Scant attention is paid to the medical decision-making context in which actions for wrongful life cases arise, and to the fact that, within this context, tort law must ..


E LAW | Public Tort Liability: An Alternative to Tort Liability and No ..


PART A: General Differences between Tort law and No-fault compensation .. For example, no citizen would claim that suing in negligence is a form of .. Medical care, rehabilitation, and sustenance are social goals independently of the cause[ ..


Pathology services & consultancy - Sydney Forensic Medicine ..


Evidence has been given as a retained consultant in criminal, coronial, family law, medical negligence and civil cases and judicial inquiries in ..


Browse By Person: Cockburn, Tina | QUT ePrints


25+ items – .. Yule, Jennifer M. (2010) Medical negligence. In Health Law in ..








Coggon, John

 


(2009) Legislative intervention in Queensland to restrict access to solariums ..

 



WorldLII - Categories - Countries - Australia - Lawyers & Legal ..


Online information and legal referral including FAQs, a reference library and case studies covering motor vehicle accidents, medical negligence, workers' ..


Prof Peter Handford : Home Page : UWA Research Profile


Handford, P.R. 2002, 'Psychiatric Injury Resulting from Medical Negligence', The Tort Law Review, 10, 1, pp. 38-70. Detail Handford, P.R. 2001, 'Through a ..


Alan Davidson - Law Firms


Dov Apfel, Attorney at Law Practice in medical malpractice cases with a special ... law, motor vehicle law, negligence law and workers' compensation law.


Browse By Person: Stickley, Amanda | QUT ePrints


30+ items – Stickley, Amanda P. (2011) Providing a law degree for the "real ..








(2011) Uncetainty in claiming damages for defects in property. Queensland ..

 


(2010) Loss of chance in medical negligence claims now a lost cause ..

 



Hamer 3.fm


by D HAMER - epidemiological evidence of risk and the law of causation and proof. Is it necessary for 'but for' causation .. Medical negligence delayed the diagnosis of cancer ..


Dr Debra Griffiths - Faculty of Medicine, Nursing and Health ..


Essentials of Law for Medical Practitioners. .. Misconduct and Negligence, Legal & Accounting Management Seminar, 23 Sept, Melbourne.


Medical Malpractice in the Absence of a Doctor-Patient Relationship ..


by RL Goldstein - 1989 - - REFERENCE: Goldstein, R. L., "Medical Malpractice in the Absence of a .. tAssociate professor of clinical psychiatry and course director of the legal and ethical ..


Tony Bogdanoski - Sydney Law School - The University of Sydney


(2009) 16(5) Journal of Law and Medicine 891-904; Bogdanoski, T, 'Medical Negligence Dispute Resolution: A Role for Facilitative Mediation ..


TORT LAW, POLICY AND THE HIGH COURT OF AUSTRALIA


'present state of the law' of negligence on highway authorities encouraged the expenditure ... The child was born without substantial medical complication102 ..


Queensland emphasises dispute resolution for personal injury ..


by R Davis - 2002 - The likely departure of UMP from the medical indemnity market will evoke a similar crisis .. The Queensland proposals are still being negotiated with key legal and insurance stakeholders .. This brings medical negligence and public liability ..


immigration - UQ Experts - The University of Queensland


Hot Tags: ELECTIONS immigration music earthquake Brisbane City Council medical negligence weather Asian politics local government Olympics ..


Australian Council For Safety and Quality in Health Care


individual agents with freedom to act in ways that are not .. Most do not involve negligence: >50 – 80% .. potential medical negligence cases. >Inadequate ..


1 Personal Injuries Proceedings Bill 2002 PERSONAL INJURIES ..


Other events associated with medical negligence insurers focused attention on .. This Bill will reduce the costs of legal proceedings by introducing a process ..


HME101 - Course search


Available to H311 Bachelor of Medicine Bachelor of Surgery students only .. The Ethics, Law and Professional Development theme provides .. consent and confidentiality; the Victorian Medical Registration Board; medical negligence; and, ..


Dr Jacqueline Horan - Staff Profile


Australian Orthopaedic Association, Medical Negligence and the Expert Witness, 'General Principles of the Law of Torts', Legal Professional ..


The Hon Murray Kellam AO


Adjunct Professor – Business Law and Taxation .. in the areas of personal injury, insurance, medical negligence and product liability litigation.


Medicine and the Law : UWA Handbooks 2012 - Units : The ..


LAWS9324 Medicine and the Law [PG] .. health care including medical negligence and professional regulation; (4) representing health carers ..


ELECTIONS - UQ Experts - The University of Queensland


Hot Tags: ELECTIONS immigration music earthquake Brisbane City Council medical negligence weather Asian politics local government Olympics ..


Detection of Fatal Therapeutic Misadventures by an Urban Medico ..


by JA Perper - - Under the Pennsylvania law (16 Purdon Statute w 1237), "any death in ... The term "therapeutic misadventure" is not identical with medical negligence or mal- ..


HARRITON v STEPHENS* WALLER v JAMES**


Common law jurisdictions have generally been hostile to actions for 'wrongful life',1 where a disabled plaintiff born as a result of medical negligence sues the ..


Abstracts - Torts in Commercial Law 2010


..

in the tort of negligence – as shown, eg, in the medical negligence cases of .. A Comparative Study of Common Law Liability for Economic Negligence in the ..


Barker, Kit --- "Unfamiliar Waters: Negligent Advocates, Egregious ..


by U WATERS (1995) 15 Legal Studies 1; Stauch, 'Causation, Risk & Loss of Chance in Medical Negligence' (1997) 17 Oxford Juornal of Legal Studies 205; ..


Ben White - Academic Directory | Australian Law Postgraduate ..


Faculty of Law, Queensland University of Technology .. Health Law; Law Reform; Negligence, especially Medical Negligence; Qualitative Interview Based ..


Oration: Law's Role in the Global Response to HIV/AIDS - News and ..


The University of Sydney - Sydney Law School .. range of legal and policy issues, including clinical risk, medical negligence, privacy, medical ..


Published Works 2006 - Sydney Law School - The University of ..


Bennett, B & Freckelton, I, "Life After the Ipp Reforms: Medical Negligence Law" in I Freckelton & K Peterson (eds), Disputes and Dilemmas in ..


The Teaching Profession: Over Regulated?


care is the essential anterior inquiry in negligence law. ... professional work that they may know little about86 - medicine, engineering, lawyering and other ..


QUT | LW51 Master of Laws - QUT - Find a course - QUT Home


LWN166, Consent To Treatment and Clinical Negligence. LWN174, Special Topic in Health Law. LWN194, Conceptual Issues in Medical Law ..


Julie Zetler, Business and Economics, Macquarie University


Julie also served for three years as Faculty of Law Director of .. Zetler J, "Medical Negligence: How it Effects Dermatologists" National College ..


PORT ADELAIDE BY-ELECTION


All Injury Claims. – Workcover/MVA/Public Liability/. Medical Negligence. • Deceased Estates. • Wills. • Family Law. • Commercial Law ..


Dr Ron Thomson – Surgeon, Medico-Legal Consultant, Philanthropist


Dr Ron Thomson – Surgeon, Medico-Legal Consultant, Philanthropist. Dr Ron Thomson attributes his achievements in life to his medical studies at UQ. Ron ..


D0 the Right Thing: A New Way to


by M WALTON - negligence and the legal system. Training and education of doctors in the past has not included clinical risk management. Imagine you are a locum filling in for a ..


Will greed spell the end of antibiotics? - ANU Reporter


"Doctors are faced with a difficult task," confesses Professor Jim Davis, a lecturer from the ANU's Faculty of Law who specialises in medical negligence cases.


Council Members - Medical Foundation - The University of Sydney


The University of Sydney - Sydney Medical School Foundation .. focusing on contracts, equity, administrative law, professional negligence law ..


Everyday life and the edges of existence : wrongs with no name or ..


by DM Morgan - 2010 Journal of Professional Negligence, 26(1), 39-48 (reprinted with permission of University of New South Wales Law Journal). .. child where the unplanned birth imposes costs on the parents as a result of clinical negligence.


Volume 25 No 3 2002 General Issue - Home Page - The UNSW Law ..


15+ items – Why Should Law Matter - Towards a Clinical Model of Legal ..








Public Liability: A Plea for Facts

 


Reform of the Law of Negligence: Balancing Costs and Community Expectations

 



A/PROF JAMES TIBBALLS


Attitudes and barriers to a Medical Emergency Team system at a tertiary .. a new development in medical negligence law(Show details) ..


Royal Australasian College of Surgeons | CPD Recertification


.. surgeries or in rooms only); clinical consulting (non-operative); medico-legal practice (personal injury or medical negligence, non-operative) ..


Pharmaceutical/Medical Cases


by GR Clark - 1990 - Clark, Gay R. (1990) "Pharmaceutical/Medical Cases," Bond Law Review: Vol. 2: Iss. 2 .. Corporate law, liability, negligent marketing, drug manufacturers ..


Gideon Boas - Human Rights Career Series - Faculty of Law ..


Career paths into the international law area vary tremendously, .. for two years in product liability, medical negligence and a range of odd ..


ANU Medical School - Research - Researchers


Faunce TA and Jefferys S. Abandoning the Common Law; Medical Negligence, Genetic Tests and Wrongful Life in the Australian High Court ..


E Law: REFUSAL TO CONSENT TO TREATMENT ON RELIGIOUS ..


by PT Kee - - The refusal of consent to treatment is an area of medicine and the law which ... and sued the doctor for negligence, assault, battery and religious discrimination.


CHAPTER 4 Introduction


surrounding this issue was associated with medical malpractice and negligence. This researcher was unable to locate any literature that reflected case law ..


UNSW Handbook Course - Health and Medical Law - LAWS2401


Health and Medical Law is a relatively new and growing discipline in Australia. .. Topics covered include patient rights, medical negligence, confidentiality and ..


A new model for the regulation of complementary and alternative ..


Complementary and Alternative Medicine and Negligence.................. 174. Specific case law on CAM from Australia and New Zealand................


Negligence by corporate health care providers: vicarious liability or ..


Extensive comparisons are made by me with the laws of hospital liability in England, .. public health administration, negligence, medical personnel, malpractice, ..


Recent University of New South Wales Law Journal


Franklin, Nicola --- "Administrative Law in a Changing State: Essays in Honour of ... de Costa, Naomi --- "Medical Abortion and the Law" [2006] UNSWLawJl 25; .. Stress and Negligently Inflicted Psychiatric Illnesses" [2005] UNSWLawJl 47; ..


Health care complaints - lphresearch


Melbourne Law School and Melbourne School of Population HealthLaw and .. study of health care complaints and medical negligence claims.


Corbett Final.fm


by A CORBETT - - for medical injuries is a fault based system that relies predominantly on the tort of negligence. This body of law gives a right to claim compensation to any person ..


Trudy Ararat, Deakin University


by B Salvatico - 2011 Bachelor of Law Currently working for: .. Articled Clerk in Insurance & Corporate Risk, with a focus on medical negligence matters. Working ..


Implementing the Australian Open Disclosure Standard: The legal ..


by A Allan - 2008 - - that an apology made as part of an open disclosure process is inadmissible in an action for medical negligence?. The Review of the Law of Negligence chaired ..


Law of Negligence 730865 - Subject Details


Graduate Diploma in Health and Medical Law 343; Graduate .. Be aware of developments in relation to the principles of negligence law in the ..


Effects of tort law reform on medical liability


Effects of tort law reform on medical liability, Skene, Loane, Luntz, .. the Bolam test of professional negligence; replaces the "not far-fetched or ..


Prof Robyn Carroll : Home Page : UWA Research Profile


Medical negligence

and apologies', Precedent, May/June, 98, pp. .. Equal Opportunity Complaints', Psychiatry, Psychology and Law, 04 June 2010 (iFirst), pp.


QUT | LW51 Master of Laws - QUT - Find a course - QUT Home


LWN166, Consent To Treatment and Clinical Negligence. LWN174, Special Topic in Health Law. LWN194, Conceptual Issues in Medical Law. Intellectual ..


Proportionate Liability in Queensland: An Overview


by P Holmes - 2005 - - Law Reform (Contributory Negligence and Apportionment of Liability) Act .. were made at a State level, in response to what was a perceived crisis in medical ..


Harold Luntz, Assessment of Damages for Personal Injury and Death


scheme, but appear content to modify the common law through legislation, .. can raise complex issues, such as negligent medical treatment and psychiatric illness. .. Final Report after Review of the Law of Negligence by a Panel of Eminent ..


Pesce, Dr Andrew --- "Abortion Laws in Australia: Time for ..


by DRA PESCE - [2006] UNSWLawJl 26; (2006) 29(2) University of New South Wales Law Journal .. Justice Kirby noted in a judgment of a medical negligence claim that it was ..


Time to abolish lawyers' immunity from suit - [1999] AltLJ 32; (1999 ..


One may ask why, if 'high risk' legal advocates are immune from negligence, the same does not apply to 'high risk' medical practitioners, such as surgeons.


Non-Therapeutic Male Circumcision


Information on the Tasmania Law Reform Institute . .. Non-Medical Background . ... Reasonable care and skill: actions in negligence.


Negligence and Inherent Unreasonableness


by N Bromberger - 2007 - common law of negligence responds to tortfeasors with reduced mental .. Progress: A Paradigm of Epilepsy in a Developing Society: Medical and Social ..


Behaviour Disorders and the Negligent Teacher Gordon Tait, QUT ..


It is also concluded that recent changes to negligence law regarding the .. experienced teacher as a matter of course, allocating these behaviours the medical ..


Continuing Professional Education in Law 2012 Queensland ..


Continuing Professional Education in Law 2012 .. LWN166CPE- Consent To Treatment & Clinical Negligence, Intensive (5 days - 28 May to 1 June), 2040.00 ..


APLN Research - TC Beirne School of Law - The University of ..


M. Mello and D. Studdert, 'Deconstructing negligence: The role of individual and system factors in causing medical injuries' (2008) 96 Georgetown Law Journal ..


Luntz, H --- "A View From Abroad" [2007] UMelbLRS 2


by H Luntz University of Melbourne Law School Research Series ... In 1996 I wrote an Editorial Comment on the medical negligence case of Rogers v ..


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Health and Medical Law is a relatively new and growing discipline in Australia. .. patient rights (international and domestic); battery; medical negligence ..


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PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 9A. 9A Particular provision for notice of a claim procedure for medical negligence cases. (1) This ..


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Select WebLaw Subject Guide, Administrative Law, Biotechnology Law .. probate, computer law, contract disputes, medical negligence, ..


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Add LAWS8237 - Health Law and Bioethics in Global Context to my interest list .. to medical records, misconduct and complaint proceedings, negligence in ..


Introduction to the book "Complementary Medicine : ethics and law"


by M Weir - 2007 This Book Chapter is brought to you by the Faculty of Law at ePublications@bond. .. 4.1 Complementary Medicine and Negligence.


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by BA HockingMacquarie Law Journal .. perhaps fuelled by recent medical negligence cases, that tort liability is imposed upon some party notionally at fault in most cases.


constitutional law. - UQ Experts - The University of Queensland


Hot Tags: ELECTIONS immigration music earthquake Brisbane City Council medical negligence weather Asian politics local government Olympics ..


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Health Law Oration: A Good Death: Challenging Law and Medical Ethics - 18 .. 5 July 2005; Medical errors and Medical Negligence Litigation - 20 April 2005 ..


Risk reduction in general practice and the role of the receptionist


by E Patterson - 2005 - - Accepted by Journal of Law & Medicine October 2004. Risk reduction ... medical negligence, the liability of the employer (being either the owners of the medical ..


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Research Output for Danuta Mendelson - Publications Collection


Mendelson, Danuta (2001) Liability for negligent failure to disclose medical risks, Journal of law and medicine, vol. 8, no. 4, pp. 358-367 ..


SCU - Risk Management - Medical Malpractice Insurance


The University's medical malpractice insurance is administered by the Manager, Insurance and Risk Management. Medical malpractice ..


Medical malpractice - Audit and Risk Management - The University ..


Medical malpractice

. Professional indemnity insurance covers the University for claims against it for breach of professional duty by reason of any negligent act, ..


Medical negligence, litigation and mediation


by L Emanuel - 2002 - Recommended Citation. Emanuel, Lisa and Mills, Michael (2002) "Medical negligence, litigation and mediation," ADR Bulletin: Vol. 5: No. 4, Article 2. Available ..


Medical Malpractice and Physician Liability Under a Negligence Rule


by DJ Wright - 2011 - Abstract: A model of costly medical malpractice claims, based on Bayes Rule, is developed to examine the effects of physicians being liable for actual damage ..


Medical Malpractice in the Absence of a Doctor-Patient Relationship ..


by RL Goldstein - 1989 - - REFERENCE: Goldstein, R. L., "Medical Malpractice in the Absence of a Doctor-Patlent Rela- tionship: The Potential Liability of Psychiatric Examiners in New ..


Medical malpractice charges in GermanyŁRole of the forensic ..


by R Dettmeyer - 2005 - - ABSTRACT: Medical malpractice charges from 1989 to 2002 were evaluated. A rising number .. The cases of medical malpractice charges were carried out be- ..


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Medical Malpractice Limit of Liability $10000000. The above insurance policies are subject to specific conditions, exclusions and limitations. Regards,. Anthony ..


MEDICAL MALPRACTICE


2012 INSURANCE GUIDE. STUDENT WORK EXPERIENCE. OR COMMUNITY PLACEMENT. This document is provided to assist staff and ..


Medical malpractice and litigation: What does this mean for the cost ..


by VL Priest - 2011 Medical malpractice and litigation: What does this mean for the cost-effectiveness of diagnosing chest pain?. In: , ISPOR 4th Asia-Pacific ..


Economics Working Paper Series 2011-4 Medical Malpractice and ..


by DJ Wright - 2011 - Abstract. A model of costly medical malpractice claims, based on Bayes Rule, is .. malpractice occurs, but no claim is made, (4) a claim is made, but no medical ..


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The Law and Public Health Group seeks to improve knowledge of problems and disputes that arise when health professionals obtain informed ..


Miscellaneous Information


by SH Asch - 1974 - - A new volume of ready-to-use interrogatory sets for malpractice cases—Pattern Interrogatories: Medical Malpractice, by Douglas Danner—has recently been ..


Insurance Policies


Policies expire on 01/11 each year with the exception of Medical Malpractice insurance which expires on 01/08. Changes to the Insurance Policies may occur ..


Cases and Comments


by K PETERSON - Cases and Comments. Where is the Line to be Drawn? Medical Negligence and Insanity in Hunter Area Health Service v Presland. KATHRYN PETERSON* ..


Medical Error as Reportable Event, as Tort, as Crime: A Transpacific ..


In U.S. jurisprudence, it is tort law – specifically, medical malpractice law – that .. contrast, although medical malpractice litigation is increasing,2 in the eyes of ..


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A Brief Introduction to Medical Misadventure - [2004] VUWLRev 36 ..


by P Butler - - However, the median award in medical malpractice trials was nearly 16 .. In Great Britain, as well, the number of medical malpractice claims has risen steadily.


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Students requiring confirmation of insurance cover; Student Personal Accident and Injury Insurance; Public Liability; Professional Liability; Medical Malpractice ..


Professor Carolyn Sappideen | University of Western Sydney (UWS)


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The University of Wollongong's Graduate School of Medicine does not provide medical Malpractice insurance for non University of Wollongong ..


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Medical Care 2000;38(3):250-260. Mello MM, Studdert DM, Brennan TA. The new medical malpractice crisis. New England Journal of Medicine ..


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Shock Therapy and Psychiatric Malpractice: The Legal ..


by LW Krouner - 1975 - - Medical malpractice litigation in the United States is of increasing concern to both the medical and legal professions because of the increased frequency of ..


Australian and New Zealand


protection for medical or veterinary malpractice subject to statutory requirements in .. Medical Malpractice Protection provides Members with the right to claim ..


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Property; General & Products Liability; Professional Indemnity / Medical Malpractice/Veterinary Malpractice; Director and Officers; Motor Vehicle ..


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All students should read and be aware of the Sydney Medical .. liability (including medical malpractice) while doing their elective in Australia.


E LAW | Public Tort Liability: An Alternative to Tort Liability and No ..


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Nepean Clinical School · University Home · Sydney Medical School .. liability (including medical malpractice) while doing your elective in ..


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Property; General & Products Liability; Professional Indemnity/Medical Malpractice/Veterinary Malpractice, Directors & Officers Liability; Motor ..


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DJ Wright 2011 'Medical Malpractice and Physician Liability Under a Negligence Rule', International Review of Law and Economics, vol.31:3, ..


Perceptions of responsibility for clinical risk management â•fi ..


by S Andrew - 2003 - - system is approaching the medical malpractice crisis seen in the U.S. The reasons patients litigate are also of interest. Debates centre around whether the legal ..


Practical Measures to Reduce Medical Expert Witness Bias


by S Boyarsky - 1989 - - is growing in proportion to the malpractice crisis [1-6] and represents an expansion of foren- sic science or courtroom activities beyond the medical specialties of ..


Associate Professor Anne-Maree Farrell, Monash Law


She has previously been involved in funded research projects covering the following areas: medical negligence, no-fault compensation for medical injury; organ ..


New frontiers in healthcare mediation


by M Bismark - 2006 - - degree of uncertainty as to the extent of the healthcare provider's liability for medical malpractice due to undecided jurisdictional law in cyberspace. This article ..


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POLICY: PUBLIC LIABILITY INSURANCE (Does NOT include medical malpractice). INSURERS: LLOYD'S SYNDICATES & OTHERS. LIMIT OF LIABILITY: IN ..


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professional duty, including medical malpractice. .. The medical malpractice policy covers malpractice for agreed treatment activities including. Nursing and ..


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The policy provides cover against civil liability for compensation arising from any claim as a result of medical malpractice. All treatment given by ..


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..

(ii) take an in depth look at negligence in specific contexts eg medical malpractice (wrongful birth, wrongful life, pre-birth / preconception injury), and education ..


2012 INSURANCE GUIDE


Medical Malpractice Insurance. This insurance provides indemnity to the University in the event of a claim for loss, damage or injury to a person who has been ..


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A Systems Approach to Accepted Standards of Care – Shifting the ..


by DG Glance - claimants and defendants in medical negligence cases [31]. A case which did rest on the use of a protocol was the case of South. Eastern Sydney Area Health ..


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Standard Medical Malpractice excludes personal injury sustained by a person participating in a Clinical Trial. Therefore, the University has to arrange insurance ..


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The University holds medical malpractice insurance which covers you against civil liability for compensation arising from any claim as a result of medical ..


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20+ items – Medical Treatment Health Directions Act 2006 (ACT): An Act to ..








AB v The Attorney-General for the State of Victoria [2005] VSC 180

 


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by B BENNETT - GUIDELINES AND MEDICAL NEGLIGENCE LITIGATION .. Medical Injury, Malpractice Litigation, and Patient Compensation, Harvard University Press, 1993, ..


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Certificate of Currency for Professional Indemnity (16 KB); Professional Indemnity Medical Malpractice - covering civil liability for breach of ..


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200637.3, Intellectual Property. 200638.3, International Business Transactions Law. 200639.2, International Trade Law. 200640.2, Medical Malpractice Law ..


SCU - Risk Management - Insurance - Introduction


Industrial Special Risk (Property) · General and Products (Public) Liabi.. Professional Indemnity/Liability · Clinical Trials · Medical Malpractice ..


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Public Liability; Professional Indemnity; Personal Accident; Medical Malpractice. Insurance Information Sheet 2011-12 (PDF 1MB) ..


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A graduate of Keio University, Judge Abe has a strong interest in medical malpractice litigation. While based at Melbourne Law School Judge ..


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..

covered by QUT's Personal Accident, Public Liability, Professional Indemnity and Medical Malpractice insurance policy. For details on all insurance policies for ..


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CHECKLIST – DOCUMENTS REQUIRED FOR AN ELECTIVE ..


public and professional liability (including medical malpractice) while doing your elective in Australia. If this is not in English, it must be sent with a certified ..


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Medical. Includes local medical/hospital claims as well as expenses for overseas visitors. .. Claims include liability, professional indemnity, medical malpractice.


"New frontiers in healthcare mediation" by Marie Bismark and Tom ..


by M Bismark - 2006 - - Common to both of these practices is a fair degree of uncertainty as to the extent of the healthcare provider's liability for medical malpractice due to undecided ..


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Evidence of current medical malpractice and professional indemnity insurance may be required prior to undertaking the course HLTH 5163 Advanced Allied ..


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a. Public Liability Insurance of $10000000; b. Medical Malpractice Insurance (including Health and Veterinary Malpractice) of not less than AUS$10000000 ;and ..


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Certificate of Currency for Professional Indemnity; Professional Indemnity Medical Malpractice - covering civil liability for breach of medical ..


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Contract Works Insurance. Clinical Trials Insurance. Medical Malpractice Insurance. Workers' Compensation Insurance. Professional Indemnity Insurance ..


UWS Expert Directory | University of Western Sydney (UWS)


Elder Law, medical malpractice law, law and bioethics. Bio Details: Professor Sappideen is from the School of Law, University of Western Sydney. Professor ..


Insurance, Deakin University


.. for acts, errors or omissions committed by students whilst on placement with you in their professional duty, including medical malpractice.


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Subject Description: Medical law is an internationally recognised intellectual .. liability and medical malpractice, regulation of health professionals and end of life ..


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Goods in Transit. •, Hirers Liability. •, Lumley Brochures. •, Medical Malpractice. •, Motor Vehicle. •, Private Travel. •, Professional Indemnity ..


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Sydney Medical School - Northern Application form - Payment .. liability (including medical malpractice) while doing their elective in Australia.


1 The Common Law Practice and Workers' Compensation ..


This could involve not only work- related negligence but motor vehicle accidents, medical malpractice and any other type of injury where death resulted.


D0 the Right Thing: A New Way to


by M WALTON - exposure to a medical negligence suit, increased insurance premiums, loss of referrals, and damage to reputation and career prospects. The health system is ..


Legal eagles drink to a mouse, La Trobe University


The law of negligence has long been flavoured by unwelcome critters. .. control'', particularly in negligent professional advice and medical malpractice claims.


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Medical Malpractice - This policy covers the teaching/trainee/research activities of nursing, music therapy, health psychology, traditional ..


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Apologies as Signals: with Evidence from a Trust Game


by B Ho - - Apology is a social institution that restores frayed relationship not just in daily interactions but also in medical malpractice litigation, political reputation, corporate ..


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Financial Services - University of Tasmania


.. covering the following topics: Work Integarted Learning; Motor vehicles; Medical malpractice; Personal accident insurance; Student travel ..


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Professional Indemnity & Medical Malpractice This policy provides cover for the University's civil liability from conduct in the provision of ..


Hirsch, David --- "Rights and Responsibilities in Wrongful Birth ..


by D HIRSCH - The parents of a child born as a consequence of medical negligence are entitled, in a 'wrongful birth' claim, to damages for the inconvenience and costs of the ..


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of medical negligence, where the application of established legal principles to actions involving life and death are likely to produce results that conflict with ..


WELFARE OF ANAESTHETISTS SPECIAL INTEREST GROUP ..


Stress associated with medical malpractice litigation. Review of Psychiatry; vol 8, Difficult situations in clinical practice, ch 26 pp 531-548. Gorton M 1997.


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be covered by Murdoch University's Combined Liability and Travel Policies*. Students are covered for medical malpractice insurance* in all countries, except the ..


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any medical care or hospital care safety or negligence problems." Morello, Colon, Fredricks, Iverson and Singer (1997) studied the level of patient safety in ..


Sugarman, Stephen D --- "United States Tort Reform Wars" [2002 ..


by S D SUGARMAN - - [5] A majority of pain and suffering limits apply only to medical malpractice cases (California's ceiling is US$250 000).[6] In some States, courts have voided these ..


Associate Professor Anne-Maree Farrell, Monash Law


Book Review: The Law of Medical Negligence in England and Germany: A Comparative Analysis' (by M. Stauch) Medical Law Review 17(2009) 3, 497-501.


Insurance - Flinders University


Medical Malpractice Indemnity. Protects the University, its academics and students for breaches of a professional duty of care associated with ..


Field Placements


covered for medical malpractice insurance* in all countries, except the United States of. America and Canada. * Various restrictions and limitations apply to ..


Virginia (Ginny) Priest - Griffith University


Priest V, Scuffham P, Marwick T (2010) Medical Malpractice and Litigation: What does this mean for the cost-effectiveness of diagnosing chest pain?


UNE - Financial Services - University of New England Insurance ..


Medical Malpractice. This policy provides cover for the University, its staff and students for liability as a result of damages or injury arising from ..


MEDICAL MALPRACTICE - AN INTERNATIONAL PERSPECTIVE ..


My lawyer's eye discerned that medical malpractice was not classified as a type of "accident". It was in a category all of its own. The logo of a speeding car left ..


CLAIMS PROCEDURES MANUAL


of medical malpractice matters: these are to be forwarded directly to the. Department's contracted claims manager (Minter Ellison, Lawyers). As with other claims, ..


Personal Injury - Issue 51 - Top Topics - LIAC


want legal advice, you will need to consult a lawyer. .. to the law of negligence and restrictions on people's right to sue. .. accidents and medical negligence.


Difficulties in medical negligence cases


Very few medical negligence cases are simple or clear cut. Often a lawyer will have to collect a great deal of information, such as hospital ..


Hot Topics 64 - Health and the Law


want legal advice, you will need to consult a lawyer. 1 Overview of .. devices – medical negligence – seeking damages for negligence – consent to medical ..


Public Submission - Review of the Law of Negligence - Treasury


Rich Text Format - Previous victim of major medical negligence ... the advertising by ' no win - no pay ' lawyers , anyone who has chosen to enter into medical negligence litigation ..


Proposals for Tort Law Reform - Review of the Law of Negligence


The growth of the specialised malpractice lawyer. The growth in the practice of defensive medicine ie more tests, was evident in all countries and was driven by ..


NATIONAL AUSTRALIAN INSURANCE LAW ASSOCIATION ..


1 In America in the year 2000, there was 1 lawyer for every 267 American .. Medical negligence presents particular problems. In one survey of ..


Professional Negligence Litigation: A New Order in Civil Litigation ..


All experienced lawyers both in England and Australia well know that .. This is particularly so in cases involving medical negligence where ..


Medical negligence / presented by Sasha Shearman, Ian Butcher ..


Young Lawyers Section. 1995 Medical negligence / presented by Sasha Shearman, Ian Butcher, Robert Wu NSW Young Lawyers, Law Society of New South ..


Glossary


Treatment of an involuntary patient (q.v.) by a medical practitioner in the community, not .. The defendant attempts to prove that the plaintiff's own negligence caused or .. A power of attorney (q.v.) or guardianship which continues to have effect ..


80216 HUMSER Cov.indd


by M Ellison - 2005Minter Ellison, Lawyers (Minter Ellison), the DH contracted claims manager for the .. Professional Indemnity (Medical Malpractice) Program (PI(MM)P), incident ..


SUBMISSION BY THE LAW COUNCIL OF AUSTRALIA TO THE ..


by LAWCOF AUSTRALIA - 2002 - - negligence matters with particular reference to medical negligence. This ... introduced, they should be imposed on lawyers, and the sanction should be ..


Division_54_Review_Final_Report


Medical

indemnity/malpractice .. not been successful in encouraging structured settlements.56 The Australian Lawyers Alliance,57 an association of lawyers ..


MEDICAL NEGLIGENCE - Law Handbook


Very few medical negligence cases are simple or clear cut. Often a lawyer will have to collect a great deal of information, such as hospital ..


Medical Negligence: an update Briefing Paper No 2/04


by T Drabsch - 2004 - - medical negligence cases. It was noted in the Second Reading Speech that the Attorney-. General's Department would consult with the chief judge of the District ..


Medical Negligence and Professional Indemnity Insurance ..


by R Callinan - 2001 - - 4.4 Reform of compensation awards for medical negligence. ... professional indemnity arrangements of other professionals, including lawyers and accountants.


Commentary: The Professional Negligence List in the Common Law ..


As to the arguments for a specialised medical negligence list in the .. Lawyers and the Courts" (1997) 16 Civil Justice Quarterly 302-317.


MEDICAL NEGLIGENCE - Law Handbook


MEDICAL NEGLIGENCE. Just as every motorist owes a duty to other road users to take reasonable care, health professionals are also under a ..


2011 lawyers - Australian Embassy


- Van Teslaar Sebastian Lawyers Specialising in personal injury claims (people involved in car or motorcycle accident, physical assault, medical malpractice, ..


Jehovah's Witnesses and Blood Transfusions


(E) Use of medical powers of attorney, enduring guardianship and hospital liaison committees in the jehovah's witnesses' community. The Jehovah's Witness ..


"Professional indemnity : medical malpractice program" by South ..


by M Ellison - 2005Title. Professional indemnity : medical malpractice program .. A joint project by the Department of Health, Insurance Services Unit and Minter Ellison, Lawyers.


Harry Richard Bailey : About New South Wales


In 1978 the committee wrote to the attorney-general detailing the evidence of medical malpractice, and newspapers began to report their allegations. That year ..


NSW Court of Appeal - Recent Decisions of Interest - Supreme Court ..


Lawyers: negligence; plaintiff obtained order under Family Provision Act 1982 .. Evidence: medical negligence; expert evidence; whether his ..


Royal Australasian College of Surgeons


health policy to protest loudly and vehemently that lawyers and judges without medical training or .. a flood of claims for medical negligence; ..


AHMAC LEGAL PROCESS REFORM GROUP Options Paper on ..


(i) impose an obligation on lawyers to inform a consumer of the availability of ADR mechanisms to resolve medical negligence claims, and of the costs involved ..


Themes In The Law Of Torts - Supreme Court : Lawlink NSW


The second theme is the movement of the tort of negligence from a .. The High Court held that negligence was a matter for the court and not for medical .. Generally, judges and lawyers do not like legislative intervention in ..


Trove - Medical legal aspects of medical records / Patricia Iyer ..


Foundations of Medical Records; Generating and preserving medical records .. medical records; Attorney use of medical records in a medical malpractice case ..


CHAPTER 4 - Review of the Law of Negligence


Rich Text Format - It is unconvincing for plaintiff lawyers' groups to assert that there is little need .. A plaintiff seeking to prove that medical negligence caused an ..


A Rescue Package for - Review of the Law of Negligence - Treasury


of income by lawyers will override the medical profession and medical error patient's need for a humane .. virtually redundant for medical negligence. 5 ..


Untitled - SA Health Publications


by I Bidmeade - 1989 - and in Sydney, lawyers with expertise in the area, underwriters and insurance officers and ... that the number of medical malpractice and public liability claims ..


271 - SUBMISSION - Shane Doepel_indiv_submission


The years of ongoing medical negligence by: Dr Jayant Patel, Dr Graeme .. Remove Insurance Companies their lawyers and accountant from their current key ..


-——- ACQUISITION COMPANY LIMITED —— Secretary Insurance ..


writes medical malpractice business on behalf of a consortium of Lloyd's syndicates, led by Syndicate 2468 .. It is the medical malpractice business of Marketform Limited (Marketform) which was most .. Chairman Corporate Lawyer. * Primarily ..


s54 ICA


Rich Text Format - .. lawyers and others, and, for D&O, most types of risk. R&SAIAL does not write Medical Malpractice business for qualified medical practitioners or hospitals.


Speeches by The Hon Michael Kirby - High Court of Australia


Neville Wran – A Lawyer Politician – Reflections on Law Reforms and the ... Medical Malpractice - an International Perspective of Tort System Reforms (HTML) ..


Report on Mandatory Reporting of Medical Negligence


Commission subpoenaing files from the Commission for medical negligence litigation claims. The Commission is aware that plaintiff lawyers usually advise a ..


What is negligence?


Negligence is different from mistake or error of judgment. The fact that a risk of treatment eventuated, or that a desired medical outcome was not ..


THE COMMONWEALTH LAWYER, LAW IN THE AGE OF ..


This fantastic insight was a development of the greatest import for medicine .. of effort, improve the provision of relevant medicines and prevent malpractice.


AHMAC Legal Process Reform Group Responding to the Medical ..


and included lawyers, MDOs, doctors, State and Territory Health Departments, health .. This set a new record verdict in medical negligence of over $14M, which ..


find LEGAL answers - Accidents and Compensation - Negligence ..


Jump to ‎: .. loss, property related torts, professional negligence, reputation, .. occupier's liability, medical negligence, product liability, ..


Medical indemnity insurance - ACCC


sector are generally indemnified against medical malpractice by the relevant .. For example, accountants, lawyers, investment advisers and valuers are usually ..


Apologies, liability and the public sector


costs of medical insurance and a passage of this cost either to the consumer or .. "Malpractice lawyers say that what often transforms a reasonable patient into ..


Lawlink NSW: 3. Misconduct


Report 99 (2000) - Complaints against lawyers: an interim report 3. .. not necessarily cover mere negligence by a practitioner.19 The Tribunal ... Practice Act 1992 (NSW) or the Medical Practice Regulation 1998 (NSW) are ..


Open Disclosure: A Review of the Literature


by R Iedema - 2008 - - process where both sides of a dispute attend a meeting with their lawyers and each side .. legal system awards monetary damages for medical negligence. The ..


MEDICAL NEGLIGENCE AND


from political and philosophical reasons a litigant in a medical negligence case ... the com- prehension of doctors, lawyers, industrial of- ficers and trade union ..


Civil Liability Act 2002


interesting how few NSW lawyers appear to be aware of its existence. Whenever I .. proceedings, are seen in medical malpractice litigation.


Queensland Law Reform Commission


Appointment of an attorney under an advance health directive..................... 13 ... Changed circumstances, including advances in medical science.


Doctors patients and the courts


that these rules are leading inevitably to a medical malpractice 'litigation .. Such an understanding will enable doctors, patients and lawyers to influence the ..


Submission - Inquiry into the impact of public liability and ..


- This is because many lawyers operate on a 'no-win, no-fee' basis for public liability and medical negligence claims. They advise their clients at an early stage if ..


WHY HAVE TORT LAW? - Review of the Law of Negligence - Treasury


Australian Plaintiff Lawyers' Association but the views and comments expressed are our .. unintentional medical negligence in return for a lower procedural fee.


Reform of Negligence Law – The Queensland Response: The draft ..


recommendations of the Negligence Review Panel in the Review of the Law of ... proposed reforms, the Australian Plaintiff Lawyers' Association (APLA) argues .. announcement of a medical indemnity framework and package on 23 October ..


Submission - Inquiry into the impact of public liability and ..


- The potential collapse of United Medical Protection (UMP), Australia's largest .. insurer and the withdrawal of commercial type insurers from the medical malpractice .. It is very expensive to engage one set of lawyers to initiate a claim, another ..


REFORM OF LIABILITY INSURANCE AS AT 8 APRIL


professional negligence;; reform of the TPA provisions;; limitation .. to public liability and professional and medical indemnity insurance as part of the ... it also provides incentives for lawyers to process cases more efficiently.


Medical indemnity insurance - ACCC


ACCC Medical indemnity insurance—monitoring report ... against medical malpractice by the relevant state-based public sector insurer for the work .. Accountants, lawyers, investment advisers and valuers, for example, are usually sued for ..


Council Members - Professional Standards Council : Lawlink NSW


.. Agreement was signed in October 2005, by the Attorneys General of .. in the areas of insurance and personal injuries, medical malpractice, ..


Submission - Inquiry into the impact of public liability and ..


- Accountants, lawyers, investment advisers and valuers, for example, are sued .. While the APRA statistics do not include Medical Malpractice, it is instructive to ..


Council Members - Professional Standards Council : Lawlink NSW


..

by the Attorneys General of each state and territory and the Commonwealth .. and personal injuries, medical malpractice, public liability and CTP claims.


Appendix L: Medical treatment injury under the NIIS - Inquiry report ..


associated with medical negligence would be extinguished for NIIS participants, but ... lawyer's willingness to accept a case on a no-win, no-fee basis. To the ..


The Trade Practices Act in Relation to the Legal Profession


Rich Text Format - "Allstate Guilty of Malpractice ; Told Plaintiff 'Don't hire Lawyer'" reads the .. to the lawyers, in terms of profitability, seem to be general medical practitioners who ..


Review of the Income Tax Exemption for Structured Settlements ..


the man the up-front lump sum amount of $565000 to pay his lawyers, pay off ... settled in 2005 and 2006 relating to medical indemnity/malpractice, public ..


Treasury Insurance Access and Pricing Unit


some key points viewed from the perspective of a medical malpractice insurer .. policies (as proposed in Option B), there could be five sets of lawyers involved, ..


South Australian Government Financing Authority Annual Report ..


agencies and large medical malpractice claims from the Department of ... a claim by the former Chief Executive of the Attorney-General's ..


Pre-employment screening: Working With Children Checks and ..


the Medical Practitioners Registration Act 2001 [Qld]; the Child Care Act .. and/or disciplinary proceedings instigated as a result of malpractice; and .. of Corrective Services; the Department of the Attorney General; and courts.


ch 02 Justice


medical malpractice;. • disputes over deceaseds' estates; .. The Attorney General currently is considering a limited change to the existing court structure in ..


Speech template


to avoid those proceedings, are seen in medical malpractice .. commonly advocated by lawyers, are set out in Annexure A8 to this paper.


ACCIDENTS INVOLVING ANIMALS


ACCIDENTS AT WORK · MOTOR VEHICLE ACCIDENTS · NEGLIGENCE · Browse Law Handbook · Advanced Search · Glossary · Acts and ..


2 August 2002 - Review of the Law of Negligence - Treasury


hospitals are able to renew their medical malpractice/professional ... Florida Hotels Pty Ltd v Mayo (1965) 113 CLR 588; or lawyers..


When should royal commissions be appointed?


by S Prasser - - a royal commission to investigate allegations of medical malpractice in regional .. commission to review the legal processes involving prominent lawyer.


Negligence: Is Recovery for Personal Injury too Generous ..


This is regarded as of particular significance in the field of medical negligence. Doctors can say sorry for a result, without fear of making an ..


Advocacy, guardianship and administration in Victoria


detained or revoke a medical or financial Enduring Power of Attorney which is not ... professional malpractice, fraud, caregiver stress and other situations which ..


MEDICINE AND LAW CONFERENCE LAW INSTITUTE VICTORIA ..


on the medical value of the flesh of wolves. 3 .. asked by the court to provide an assessment of wounds in medical malpractice cases. ... 21 Report of the Attorney General's Working Party on Civil Procedure ('WP Report') [4] ..


Vocational Regulation Bulletin _final_


Medical Board of Western Australia and Vujcich [2008] WASAT 113 .. the practitioner was guilty of gross negligence or incompetence in his care of the ... In 2003, the sellers wrote a letter, through their lawyers, to Fini Villages claiming that ..


Compensation and Professional Indemnity in Health Care


Commonwealth available from the Attorney General's. Department. .. Medical personnel - Malpractice - Australia. 2. .. for medical misadventure. Over its four ..


Review of the Laws of Negligence: further issues


(b) ICA preferences for any fees scale for medical and related costs .. been consulted, the notice must be delivered within one month of consulting the lawyer.


Young v Central Australian Aboriginal Congress Inc & Ors [2009 ..


Cridlands MB Lawyers (Morgan Buckley). Third Defendant: .. negligence amounted to 50 percent. ... medical malpractice by an employed medical practitioner.


Dissection


McBride, a dedicated GP, who is being sued for medical negligence. Anna .. Anna finds little reassurance in her lawyer John Trumble and his. "legalistic clichés ..


Speech template


I find it interesting how few NSW lawyers appear to be aware of its .. supports the idea that disclosure helps mitigate medical malpractice suits, ..


Time for Tort Law Reform?


measures that include imposing some restrictions on lawyer advertising; limiting legal ... being personally exposed to medical negligence claims. Following the ..


Lawlink NSW: Existing Compensation Arrangements


the common law negligence action;; the workers' compensation system; .. of injuries or death caused by medical malpractice, defective products or .. Estimates of legal costs (including amounts paid out by lawyers on behalf ..


Lawlink NSW: 5. Safeguards for Persons in Custody


5.3.2 If the person in custody wishes to contact a lawyer, the person must be .. 5.6.1 Where a person in police custody requests medical treatment in ... Advice and Police Malpractice" [1990] Criminal Law Review 494, at 507.


Supreme Court : Negligence


NEGLIGENCE & FORESEEABILITY: Doctrine of Law or Public Policy .. to the Australian Insurance law Association National Conference, Hobart ... This was probably due to "ignorance of the medical subtleties of the subject, ..


Association for the Pre ve-11 t1'011 of M edjcal Errors


preventing medical errors and on the experiences of families who have endured ... Yew Meng, 'Medical Negligence: The Contours of Criminality and the Role of the ... normally sent to the Attorney General, reievant ministers, government ..


ACT Government Gazette Gazetted Notices for the week beginning ..


Rich Text Format - Eligibility/Other Requirements: Fully registered medical practitioner with the ACT ... The successful applicants will be working as part of a team of lawyers on a .. medical malpractice claims, breach of contract, coronial inquests and victims of ..


Literature review: incident disclosure research, policy and legal ..


"A better approach to medical malpractice claims? The University ... lawyers would more effectively reduce claims, without compromising meritorious defenses.


WA Open Disclosure Policy: Communication and Disclosure ..


The Harvard Medical Practice (HMP) Study3, 4 and the Quality in Australian Health .. negligence, but ineffective communication between patients and providers. ... between a lawyer and his or her client14 if the communication is made for ..


Medical Consumers Association [DOC 272KB] - National Human ..


- To find out how lawyers think and how the courts operate read the following books before you start: ... B. 1980 The civil case in medical negligence ..


Questions on notice - Communications, Information Technology and ..


- If the complaints raised medical malpractice or procedural issues related to .. My information is that there were nine lawyers from Minter Ellison working on the ..


SECTION Civil System


in a motor vehicle accident6 or through medical malpractice;. (f) claims for ... Finally, an assumption which is coming under increasing scrutiny is that lawyers ..


Full Day Hansard Transcript (Legislative Assembly, 27 February ..


It is called "Medical Negligence: Reform or Restructure? .. Wales Liberal-National Coalition—Chris Hartcher MP, Shadow Attorney General".


Child Support Agency: The Guide | 6.11.1: Compensation


The most usual claim for legal liability is a claim of negligence. .. Medical evidence will almost always be necessary to establish the extent of the .. The Attorney General's Legal Service Directions require the CSA to obtain ..


13. Damages - Review of the Law of Negligence - Treasury


Law of Negligence Review. Page 192 of impairment (SA — seven days), a monetary amount of medical costs (SA —. $2750), and a monetary amount (WA ..


Agenda Disclosure Performance Gap Also Increasingly Evident


Disclosing medical errors to patients: Recent developments .. COPIC-large malpractice insurer .. 4 of 52 settled w/o lawyers, indemnity paid, & docs reported; ..


Australian Parliamentary Library - Research Paper 7 1996-97


Arguments for the Creation of a Right of Patient Access to Medical Records .. The Commonwealth Attorney-General's Department in a recent discussion paper has ... records will promote and provoke baseless medical malpractice litigation.


L T712 ~ Loophcle I


Medical Malpractice and. Compensation " .. compensating the victims of medical .. review is presented, by one of the world's leading administrative lawyers.


Trainee Select Cover


procedures for the selection of trainees in Australian medical colleges. .. systematic malpractice by the Colleges. ... Lawyers, Deacons Graham and James ..


Sarah Lunn v Edward Paul Trevor GiblinTort - negligence - damages


..

for negligence and breach of contract against the defendant, who is a medical .. course, is presently employed as an articled clerk with the Attorney General's ..


Annual Report 2000-2001


I submit to you a report on the operations of the Northern Territory Attorney-. General's .. no indication of fraud, malpractice, material breach of legislation or delegation, ... and statistical services for medical and Government research; and ..


doj ann rep


c) no indication of fraud, malpractice, material breach of legislation or delegation, major error in or .. Justice and Attorney-General pursuant to the Public Sector Employment ... such as IT outsourcing costs, and prisoner medical contract costs.


Disclosing Medical Errors to Patients:


by TH Gallagher - - Topics: Communicating about medical errors with patients .. COPIC-large malpractice insurer .. 4 of 52 settled w/o lawyers, indemnity paid, & docs reported; ..


Second insurance industry market pricing review


3.2.3 Medical malpractice. ... significant compensation claims for negligence. ... assistance or aid organisations have also been established covering lawyers, ..


 

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Cyclist Accidents and Injuries

Quite often cyclists are not given proper care and attention by other road users. This can result in accidents occurring between car, trucks and other motor vehicles with bicycle riders. Motorists often fail to give way to cyclists therby causing an accident with the cyclist.

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