Tag: medical negligence
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Proving the “competent professional practice” defence in NSW: Is the law any clearer after Dean v Pope?
Background A health practitioner who is sued for negligence in NSW will avoid liability under s 5O(1) of the Civil Liability Act 2002 (NSW) “if it is established that the professional acted in a manner that (at the time the service was provided) was widely accepted in Australia by peer professional opinion as competent professional…
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ABC v St George’s Healthcare NHS Trust: a new duty at the intersection of healthcare confidentiality and harm to others
The duty of confidentiality is crucial to building relationships of trust and confidence between patients and healthcare professionals, and to effective healthcare systems more broadly. However, the law recognises that the duty of confidentiality is not absolute and sometimes needs to yield to other public interests. A recent UK case, ABC v St George’s…
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Manslaughter by gross negligence, or systemic failure? Implications of the Dr Hadiza Bawa-Barba case for Australia
Sydney Law School and the Menzies Centre for Health Policy at the University of Sydney are co-hosting an evening seminar entitled “Manslaughter by gross negligence, or systemic failure? Implications of the Dr Hadiza Bawa-Garba case for Australia”. This event will be held at the Law School on Thurs 8 November, 6.00-7.30pm. You can register here.…
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Some recent cases on s 5O of the Civil Liability Act 2002 (NSW)
Section 5O of the Civil Liability Act 2002 (NSW) (CLA) introduced a modified version of the Bolam principle into the law of civil liability in NSW, extended to professionals other than medical professionals (the original subject of the principle). The effect of s 5O(1) is that a court is prevented from making a finding of…
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Sparks v Hobson must go to the High Court: here’s why
In NSW, Section 5O of the Civil Liability Act provides a defence to a doctor or health professional who is defending a negligence claim. Under s 5O, a person will not be liable “if it is established that the professional acted in a manner that (at the time the service was provided) was widely accepted…
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Liability for failure to effectively manage morbidly obese patients: it’s time to look again at Varipatis v Almario – here’s why
What should a GP do with a morbidly obese patient who is in denial about their weight problem? Although it involved a complex set of facts, it’s time to revisit Almario v Varipatis (No 2) [2012] NSWSC 1578, reversed on appeal (Varipatis v Almario [2013] NSWCA 76). Doctors should take no comfort in the fact…