The High Court determines a paramedic’s standard of care

Proceedings were commenced in the Queensland Supreme Court (QSC) against the State of Queensland in which it was alleged that there was a failure by an Intensive Care Paramedic (ICP) to promptly administer adrenalin to the plaintiff who was a chronic asthmatic suffering from a severe asthma attack. Although the QSC found in favour of the […]

No soup for you – Hawkins v South Western Sydney LHD

The plaintiff brought medical negligence proceedings against Campbelltown Hospital alleging that following gastrointestinal surgery, he was served a meal which was incompatible with his diet, causing him to vomit.  The plaintiff alleged that the hospital staff failed to refer his symptoms of nausea, vomiting and pain to a doctor for examination thereby failing to diagnose […]

No grounds for late claim – Coffey v Murrumbidgee Local Health District

The plaintiff, who was born extremely prematurely, brought medical negligence proceedings against Wagga Wagga Base Hospital alleging that there was a failure to transfer his mother to a tertiary hospital for specialist care prior to his birth. Justice Harrison determined that the hospital met the standard of care and did not incur a liability in […]

Kawasaki Disease – Revving up to a diagnosis

Author: Ashleigh Clancy Judgement Date: 10th November, 2017 Citation: Ogar Denkha by his tutor Georgees Denkha V South Western Sydney Local Health District 2015/371879 Jurisdiction: District Court of New South Wales at Sydney Principles The KD diagnostic criteria and treatment recommendations are set out in the American Heart Association paediatrics guideline Newburger JW, Takahashi M, Gerber […]

Consent, capacity and the Supreme Court in the role of a ‘careful parent’ – Application of a Local Health District; Re a Patient Fay [2016] NSWSC 624

Author: Sarah Henry Judgement Date: 14th May, 2016 Citation: Application of a Local Health District; Re a Patient Fay [2016] NSWSC 624 Jurisdiction: Supreme Court of New South Wales[1] Principles A capable individual can consent to or refuse any medical treatment however irrational that decision may be. An individual who cannot understand the general nature […]

Consent, capacity and the Supreme Court in the role of a ‘careful parent’ Ð Application of a Local Health District; Re a Patient Fay [2016] NSWSC 624

Author: Sarah Henry Judgement Date: 14th May, 2016 Citation: Application of a Local Health District; Re a Patient Fay [2016] NSWSC 624 Jurisdiction: Supreme Court of New South Wales[1] Principles A capable individual can consent to or refuse any medical treatment however irrational that decision may be. An individual who cannot understand the general nature […]

Lost in translation – Biggs v George [2016] NSWCA 113

Author: Ashleigh Clancy Judgement Date: 17th May, 2016 Citation: Biggs v George [2016] NSWCA 113 Jurisdiction: NSW Court of Appeal[1] Principles Medical practitioners have a duty to adequately advise patients of the material risks of treatment of their illness, particularly in complex medical situations where language barriers exist. The misunderstanding of medical advice provided by […]