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Limitation periods in the medical negligence arena were a feature of the recently decided Supreme Court decision of his Honour Walton J in Lewicki v Hunter New England Local Health District [2020] NSWSC 1037 .  This matter gives important guidance…

The case of disputed injury in Qantas Airways Ltd v Coleman [2020] NSWWCCPD 42 concerned a worker who did not discover the extent of his injury in the first instance. Background The worker was employed by Qantas as a long-haul…

Earlier this year, the Workers Compensation Act 1987 (the Act) was amended to include a new section which creates a presumption that a worker in ‘prescribed employment’ who contracts COVID-19 did so in the course of that employment. This means…

A frequent medical negligence issue we see relates to poor communication in radiology and pathology reporting where a failure to report all the findings of diagnostic tests results results in severe outcomes for the patient. Radiology scans which include: X-Ray,…

Can a worker claim back-paid weekly benefits after their benefits cease at the 260 week limit under s 39(1) of the Workers Compensation Act 1987 (“the Act”) if their whole person impairment (“WPI”) is later found to be 20% or…

Under the MAIA, if an injury as the result of a motor vehicle accident is determined to be a ‘minor injury’ there are serious limitations on the recovery of compensation for statutory benefits and common law damages. What is a…

An ‘eligible person’ (as defined in the Succession Act 2006 (NSW)) (‘the Act’) has the right to bring a claim for a family provision order where he or she has been left out of a will or where inadequate provision…

The health lawyers at the Law Office of Conrad Curry were pleased to see the female victims of pelvic mesh win their landmark pelvic mesh class action against Johnson & Johnson. The case involved more than 1,200 women who had…

Why did the PIAWE legislative reforms take place? In the past, anyone injured at work could only claim compensation for their base rate earnings. Overtime and shift penalty rates could not be claimed. This proved to be problematic for some…

In the UK Court of Appeal decision ARB v IVF Hammersmith and R [2018] EWCA Civ 2803 delivered on 12 December 2018 has resolved the question as to whether a contractual claim for damages as the result of an alleged…

Dries v GGA Glass & Aluminium Pty Ltd [2019] NSWWCC 329 In this matter an injured worker filed an Application to Resolve a Dispute in the Workers Compensation Commission to claim reasonable and necessary medical expenses in accordance with section…

The Civil Liability Act (NSW) 2002 made it very clear in s27 that a personal injury includes an impairment to a person’s physical or mental condition.  Further s29 stated that a plaintiff is not prevented from recovering damages, just because,…

The American Judge, Cardozo J famously said in the case in Schloendorff v Society of New York Hospital[1]: Every human being of adult year and sound mind has a right to determine what shall be done with his own body;…

‘Loss of consortium’ is a common law head of damages that allows a husband to claim compensation for loss of certain marital rights/services, in circumstances where his wife has suffered injury resulting from the wrongful act of another. It is…

The recent decision of Mr Justice Jay in Edyta Mordel v Royal Berkshire NHS Foundation Trust, in favour of the mother of a child born with Down’s syndrome who claimed damages for the wrongful birth of her son, has attracted…

A vexatious litigant is someone who persistently commences court action solely to harass another, or for an ulterior purpose. Litigation may be classified as vexatious where it is repetitive, burdensome and/or meritless. The Supreme Court (the Court) on its own…

If you require assistance at home following a work injury you may be able to make a claim for domestic assistance from the workers compensation insurer. The WorkCover Independent Review Office (“WIRO”) recently assisted a Worker to get her workers…

An expert report received in a recently successfully litigated case explained the scope of the duty of care doctors have to drug dependent patients who are addicted to prescription medicines. It is vital that treating practitioners are aware of a…

Here we outline the difference between the different types of apprehended violence orders, namely AVO, APVO and ADVO. Apprehended Violence Orders (AVOs) AVOs are court orders designed to protect individuals from violence, threats and harassment. In NSW the Crimes (Domestic…

Worker awarded $1,394,421.91 damages following a successful common law damages claim of intentional tort (intentional act) as a result of suffering a psychiatric condition including PTSD and depression that developed as a result of bullying and harassment by a manager. Ward v…

While right of burial seems like a pretty morbid subject, it is a hugely important issue for the loved ones of a deceased person and to the dignity of the deceased. I think that the following from a very old…

In the recent decision of Brighten v Traino [2019] NSWCA 168 the NSW Court of Appeal has confirmed that the Civil Liability Act does apply in some respects to claims for compensation as the result of an assault, particularly where…

HCCC prosecution against Dr Emil Gayed Dr Emil Gayed was a registered medical practitioner and he held a specialty in obstetrics and gynaecology. From 1990 onward he practised in NSW regional towns and at some hospitals on Sydney’s northern beaches.…

With compulsory third-party insurance in New South Wales we expect that as owner drivers we are covered by our CTP insurance if we (or a driver of our vehicles with or without our consent) cause an accident in which injuries…

The High Court of Australia in Masson v Parsons & Ors (case S6/2019) is currently deliberating over whether sperm donors can be recognised as legal parents, in certain circumstances. In 2006 Newcastle man ‘Robert’ donated sperm to his long-term friend…

On 15 May 2019 the State Insurance Regulatory Authority (“SIRA”) announced it will be reviewing the work undertaken by Insurance and Care NSW (“icare”) via its agents Allianz, EML and GIO. Amongst other things the review will assess the performance…

Tougher new low range drink driving laws will be in force from the 20th May 2019, as part of the drink driving reforms within the Road Safety Plan 2021. Police will have the power to issue an immediate, three-month licence…

The Industrial Chemicals Act 2019 (Cth) is due to commence in July 2020. This Commonwealth Act is a direct response to lobbying efforts from Humane Society International and Humane Research Australia, who partnered together for the “#BeCrueltyFree Australia” campaign against…

The recent article published in the Medical Journal of Australia (MJA) dated 26 April 2019, highlighted some concerning comments made by Private Healthcare Australia (PHA), the private health insurance industry’s representative body, about caesarean sections which were performed without medical…

The NSW Court of Appeal recently handed down its decision in the appeal matter of Squire v Squire [2019] NSWCA 90. This case involved a family provision claim against the estate by the children of the deceased. Richard Squire had…

Up until recently, physician assisted dying has been a somewhat taboo topic in Australia. Whilst the topic it is still met with some controversy, last year Victoria passed the Voluntary Assisted Dying Act 2017 (“the Act”). This Act is the…

HCCC v Drinkwater; HCCC v Lilly; HCCC v Davies; HCCC v Chan [2019] NSWCATOD 39 Facts The above case concerned the death of a patient, who took her own life, at the Psychiatric Intensive Care Unit (PICU) at Mater Mental…

The term “Wrongful Birth” in the context of a claim for damages refers to a type of medical negligence claim brought against a doctor, hospital or other health provider for negligent advice and treatment which deprives parents of the choice…

This case note highlights how damages are calculated by a Judge in a public liability claim. In 2015 Mrs Hodgson commenced proceedings in the District Court in negligence claiming damages for personal injuries (in a fractured wrist, severe bruising and…

Just after his 9th birthday in March 2008, Joey Zaiter suffered a brain injury when he lost control of a bicycle he was riding down an unfamiliar grass slope and fell into a 2m deep concrete drainage channel at Holroyd Sports…

A recent article in The Australian reported that while 2335 people have applied for compensation under the National Child Sexual Institutional Abuse Redress Scheme, only 28 people have received compensation since the scheme’s commencement on 1 July 2018. A major flaw…

The recent NSW Civil and Administrative Tribunal (“NCAT”) decision finding Dr Aamer Sultan guilty of unsatisfactory professional conduct on 7 April 2017 is a timely reminder of a medical practitioners’ duty to maintain professional boundaries with patients. Dr Sultan was…

I left school when I was 16. Being from a single parent family I was expected to work as soon as I could, so I did a trade at BHP as a fitter and turner. At the end of that…

Who are exempt workers? Exempt workers refers to types of workers who were not affected by the 2012 and 2015 amendments to the Workers Compensation Acts and includes: Police officers Paramedics Fire fighters Workers injured while working in or around…

The Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 are set to be amended in relation to Work Capacity Decisions. The current situation Presently an insurer can make a decision known as a work…

A recent survey by a prominent Australian Law firm revealed that whilst almost all Australians acknowledge the importance of making a Will (97%), only a little more than half actually have one (52%). Most younger respondents felt that a Will…

Accessing Personal Medical Records In New South Wales the general position is that a health practitioner or organisation is said to own the medical records they create. However, in most cases a person is still able to access their personal…

Our paralegal Lauren Faulkner recently wrote about the entitlement we each have as consumers of health care services to access clinical notes from our doctor or hospital. Lauren also raised the real issues for family/next of kin in obtaining their…

So what is a Binding Death Benefit nomination (BDBN) and why should we care? Essentially, a BDBN, or binding death benefit nomination, is a written direction to your superannuation fund that instructs the fund as to whom to pay your…

Previously, institutions responsible for the care of children may have escaped liability for the effects of abuse on the vulnerable child they were meant to care for. It has long been recognised that organisations are responsible for the actions of…

It seems to me a wonderful imperative in a modern socially responsible economy such as Australia to give all would-be parents the opportunity of screening for the numerous rare genetic disorders when planning their families. My fear however is that…

Australia claims to be a world leader in genetic testing and in the diagnosis of genetic abnormalities in the pre-implantation phase of IVF and the early pre-natal stage. With such touted expertise, we are entitled to expect accuracy in diagnosis,…

Reproductive negligence More and more people are turning to health care professionals to help plan their families, whether that is to conceive via reproductive technologies such as in vitro fertilisation, to allow prospective parents a greater level of control over…

At The Law Office of Conrad Curry, we have acted for a large number of clients who have suffered injury as a result of medical negligence including failure to diagnose and failure to properly treat a number of health conditions.…

A motor vehicle accident (“MVA”) is stressful enough, but, if you don’t know what to do, it can make things even more daunting. The following will help you understand what to do if an accident happens and outlines your financial…

An area of concern which has grown immensely over the last two decades is the overuse and abuse of prescription pain medication. Studies in the United States of America and Canada reveal that there has been a 68% increase in…

TESTAMENTARY CAPACITY RYAN v DALTON [2017] NSWSC 1007 Kunc J – 31 July 2017 The Proceedings This was a contested probate suit between the deceased’s 3 children and his long time defacto spouse.  The children succeeded in knocking out the…

Some people think that the process of having a lawyer draft their will is an expensive and unnecessary exercise and instead write an informal will, not knowing the potential implications for their beneficiaries. At the Law Office of Conrad Curry…

If you have returned to work with your employer after a work injury, you will likely be under a return to work plan created in consultation with you, your GP, your employer and the Insurer. If during your return to…

How much of a worker's pre-injury average weekly earnings 'PIAWE' are they entitled to, particularly if they work less hours or receive less pay? To begin with, your employer must continue to provide suitable work if possible. Your employer may…

If you get another job, have completely recovered from your work injury and are no-longer in receipt of weekly payments of compensation, but you quit, are terminated or made redundant, you cannot now claim weekly payments of compensation from the…

Ectopic pregnancy is a serious condition for women and represents a significant cause of maternal death. The incidence of ectopic pregnancies is approximately 1 in 150 of natural pregnancies. Ectopic pregnancy occurs where there is the development of a foetus…

In recent years Australia’s health care system was ranked eighth best in the world across the categories of health infrastructure, basic mental and physical health, and preventative care. However, the prevalence of medical negligence claims across our nation is still…

Withholding evidence by failing to disclose an unfavourable report may not only be unethical, but it can significantly alter the costs outcomes for parties in medical negligence proceedings. Most people are aware that certain communications between lawyers and their clients,…

The term testamentary capacity is often used but rarely understood. Most would think that a Will would not be valid if the will maker was suffering a disorder of the mind or was suffering an insane delusion about certain matters…

Just like your eyesight, you may not notice your hearing gradually deteriorating. Often the first signs are struggling to hear conversation when background noise is present or your family constantly telling you the TV is too loud. If you experience…

A new federal compensation scheme commenced on 1 July 2018, for victims of institutional abuse. Under this National Redress Scheme (‘the Scheme’) victims can apply for redress payments if they were subject to sexual abuse as a child at a…

Our principal, Conrad Curry represented a couple in a landmark case in the Supreme Court of New South Wales late last year, in which the couple resolved the first stage of their case against a major Australian Genetic Testing Laboratory.…

There have been a number of very interesting cases in recent times determined in the field of Family Provision Claims in the Court of Appeal. Family Provision claims are claims brought by certain eligible people who are unhappy that they…

Pre-eclampsia is an illness categorised by high blood pressure and protein in the urine, and can cause headaches, pitting oedema, visual disturbances, upper abdominal pain, organ failure and in severe cases even be fatal to the mother and unborn baby. According…

As of August 2016, there have been 246 lives lost on New South Wales roads and about 30 people per day are hospitalised as the result of serious injuries from motor vehicle accidents. This not at all surprising given that…