Many plaintiffs have made anecdotal comments to their lawyers about the attitude and manner of the medico-legal doctor who has examined them. Two recently reported cases regarding expert witnesses, however, detail conduct that goes beyond the normally complained about behaviour.…
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 …
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
‘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 …
An integral part of the doctor and patient relationship is the notion of consent which is wrapped up with the concept of autonomy. Medical procedures typically involve trauma to the body that would invoke criminal sanctions were they not performed …
A proposed ban of specific textured breast implants has been announced by the Therapeutic Goods Administration (TGA) due to the increased risk of cancer they present.
Many parts of Europe have already enacted a similar ban due to the well …
The Reproductive Health Care Reform Bill 2019 (termed the ‘Abortion Bill’) was recently passed by Lower House. This article begins by outlining the crime of abortion and case law developments in the area. It then discusses the substantive elements of …
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 …
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 …
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 …