Medical Malpractice

 

Our medical malpractice team has extensive expertise in the health professions and care sectors Australia-wide.

We advise on a broad range of professional indemnity, public liability, product liability and disciplinary claims. Our work extends from claims management to policy development and risk assessments. We also offer value-add services, such as advice hotlines.

Experience

  • Successfully defending District Court of New South Wales proceedings brought against a chiropractor alleged to have caused significant lower back injury.
  • Successfully defending Supreme Court of Western Australia proceedings brought against a physiotherapist alleged to have caused significant lower back issues.
  • Representing podiatric surgeons alleged to have negligently performed surgery in a number of matters litigated in Western Australia and Queensland.
  • Defending a dentist in Supreme Court of New South Wales proceedings involving allegations of negligent and unnecessary dental work (including on appeal).
  • Defending a nurse and his employer in Victorian Supreme Court proceeding involving allegations that the plaintiff suffered a massive stroke as a result of the negligent insertion of a catheter.
  • Successfully defending Western Australia State Administrative Tribunal proceedings brought against a physiotherapist accused of molesting a patient (including appeal).
  • Representing pharmacists before various tribunals in numerous states accused of dispensing anabolic steroids to body builders.
  • Acting for Western Australian public hospitals in numerous professional negligence claims.
  • Successfully defending Western Australia District Court proceedings against an orthopaedic surgeon alleged to have caused compartment syndrome.
  • Representing an optometrist in a complaint before the Western Australia State Administrative Tribunal, which were resolved at mediation without any adverse impact on the optometrist’s registration.
  • Successfully defending District Court of New South Wales proceedings brought against a prominent equine veterinary practice alleged to have misinterpreted radiology on a racehorse (including on appeal).

Key contact

'"Stand out" Rachael Arnold is recommended for public and product liability claims.' – The Legal 500 Asia Pacific 2017

Related thinking

Medical Malpractice| 27 Jun 2018

Costs decision cuts deep

Following the successful appeal in medical negligence proceedings, a surgeon (Dr Gray) filed a notice of motion to vary the Court of Appeal’s costs orders. Mr Hobson, the plaintiff and respondent to the appeal, made his own application on costs.

Medical Malpractice| 27 Apr 2018

Hospital passes the test on second attempt

The Court of Appeal has considered the proper application of Section 5O of the Civil Liability Act 2002 (NSW) (CLA) in South Western Sydney Local Health District v Gould [2018] NSWCA 69. Our review of the primary judgment can be found here.

Medical Malpractice| 26 Apr 2018

Labour Hire Licensing Act 2017 – integrity in the labour hire industry

In September 2017, the Queensland government passed the Labour Hire Licensing Act. Comparable legislation has been passed in South Australia (commencing 1 March 2018) and is before parliament in Victoria (yet to be passed) which is similar but not identical. The Act covers all operations within Queensland, including labour hire providers and hosts who may be based interstate or overseas but have business in Queensland.

Medical Malpractice| 06 Mar 2018

Court of Appeal confirms anaesthetist liable for paraplegia

Mr Brendan Hobson, the respondent, suffered from a disorder which affected his ability to fill his lungs with air and, accordingly, restricted his breathing capacity.