I was diagnosed with breast cancer in June 2014 and so I consider myself an 'authority' (and a hard way to become an 'authority' :-) ) when it comes to breast cancer diagnosis, treatment, prognosis and reconstruction options and availability following cancer treatment. This is in addition to my 15 year employment experience in medicine, where for part of those 15 years, I was employed with a plastic & reconstruction surgeon (a very reputable and skilled plastic & reconstruction surgeon!), who performed many reconstructive operations following breast cancer. Does medical knowledge assist when representing clients who allege late diagnosis of breast cancer, or any other type of cancer? What are GP's expected to do, in relation to professional competence and skill, for example, when a woman comes to their office complaining of a lump or pain in the breast? What are some practical tips to assist you run late diagnosis cases? … [Read more...]
Archives for June 2016
Are Aide-Memoires & ‘Skill Sets’ Of Any Value In Family Law?
The balance sheet in property proceedings, its almost always a source of contention and dispute between parties, and that is not dependent on the size of the property pool. There are often arguments about 'add backs' and 'post separation' usage/wastage and more. "Add backs', 'aide-memoires' and 'skill sets' in proceedings, whats the best approach? Bryant CJ, Kent and Murphy JJ gave some interesting insights in the case of Grier & Malphas [2016] FamCAFC 84 which was on appeal. … [Read more...]
9 Tips To Get The Most Out Of Medical Experts!
Rule 31.36 UCPR 20005, states that at the commencement of professional negligence proceedings (excluding a claim against a legal practitioner), an expert report must be filed with the Statement of Claim, unless the Court orders otherwise. If this is not complied with the Court may dismiss, the whole or part of the proceedings, either on application by one party or the Courts own motion. More than one expert may be required by a party in the proceedings to give evidence on a particular issue or issues, but the number of experts will be limited (Practice Note No. SC CL 7). Therefore, as PI or med neg lawyers we are required to speak with, brief and conference with experts as part of managing, supporting and progressing our cases. How do we get the best out of experts? Here are 9 simple tips..... … [Read more...]
Do You Know What Parliament Has Recommended Re: Australian Surrogacy Laws?
I attended a two day Surrogacy Conference in Brisbane this past weekend and it was very enlightening for me to observe and learn about the practicalities, challenges and issues of surrogates and intended parents. Organisations and overseas agencies were in attendance, these assist Australian intended parents to have a baby via surrogacy, both altruistic and commercial. The knowledge I gained extended to; what is the practice of 'intended parents' when they return to Australia after engaging in commercial surrogacy overseas and secondly; how intended parents source an altruistic surrogate in Australia, when a family member or friend is unwilling to be a surrogate (as its illegal to advertise for a surrogate). There were a small representation of lawyers in attendance. It is a 'hot topic and an area that continues to gain momentum in society and law. Interestingly, the Parliamentary inquiry into surrogacy laws in Australia has concluded and the Committee's report released. … [Read more...]
2 Min Quiz: What Medical Experts Do You Require?
Personal injury and medical negligence litigation is founded on a diagnosis of injury and a patient/clients prognosis. As a result, personal injury and med neg lawyers have an easier 'road' if they understand medical terminology and expertise including what expert/s are required for the case. Do you know what expert to brief in the case and even whether an expert report is necessary and will it add value? Experts can assist your case or alternatively harm it - do you know what your expert will do? … [Read more...]