Medical treatment
Medical negligence
Case notes on claims against hospitals, surgeons and other health providers.
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Picture hiddenMedical negligenceDelay case fails absent evidence of the outcome of a timely diagnosis
In Williams v Burton, the NSW Supreme Court held that an allegation of missed STI testing could not succeed without evidence that an earlier diagnosis would probably have avoided or reduced the claimed harm.
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Picture hiddenMedical negligenceHospital in breach of patient’s qualified medical consent
Can a patient qualify their consent to undergo a medical procedure by restricting medical personnel taking measures that are usually necessary or uncontroversial?
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Picture hiddenMedical negligenceWhat are the limits of a child’s medical consent?
The Supreme Court of Queensland was recently asked to decide whether 13-year-old Beatrice (not her real name) was capable of providing her own medical consent to terminate her pregnancy.
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Picture hiddenMedical negligenceX-Rays unreliable as proof of squash man’s prosthesis failure
In early 2011, Stephen Taylor’s left hip was rebuilt with a MSA Size 2 femoral stem designed to sit snugly in the femur.
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Picture hiddenMedical negligenceFar too young to choose
Dilemmas confronting the medical profession regarding treatment provided to children are highlighted in a recent case involving the pregnancy of an 11-year-old child.
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Picture hiddenMedical negligenceMedical victim wins $5 mil cost of care for his remaining years
Michael Stewart presented to the Redcliffe Hospital Emergency Department in March 2016 complaining of abdominal pain.
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Picture hiddenMedical negligenceGP negligent for failing to follow up non-compliant patient
A patient who demonstrated reluctance to follow her GP’s advice has nevertheless sued her for having failed to more persistently counsel the need to undergo a cervical screening test for the early detection of the cancer with…
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Picture hiddenMedical negligenceHospital to pay big for patient’s bowel perforations and stroke
The cost of ongoing domestic care for victims of hospital negligence is a major component of compensation awards when serious injury results.
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Picture hiddenMedical negligenceNurses bump hospital bed: ICU patient wins $350k for spinal injury
Graham Cleary’s career as a freight delivery driver that involved a large component of heavy manual handling inevitably carried a high risk of developing spinal injuries.
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Picture hiddenMedical negligenceSpinal surgery gone wrong: patients in compensation push
Update — 21 October 2024: The NSW Supreme Court extended the limitation period for Mr Vonhoff's claim about his 2006 surgery, and struck out the parts of his claim about a later surgery in 2010.
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Picture hiddenMedical negligenceCatastrophic surgical outcome: hospital to pay up big
Surgical misadventures in the case of infants can have devastating consequences.
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Picture hiddenMedical negligenceLaparoscopic error: trivial damages for gruesome surgical outcome
The horrifying consequences of a laparoscopic error causing a puncture to a female patient's colon have been recounted in detail to a court only to yield trivial general damages.
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
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