Louise Mathias - Barrister, Mediator & Family Law Arbitrator

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Archives for March 2017

March 29, 2017 By Louise Mathias

Easy Tips For Medical Negligence Lawyers: Informed Consent

When I  was employed with medical specialist surgeons for 15 years, prior to coming to law, part of my role was to  complete the consent and hospital admission forms,  liaise with the patient and the hospital to organise surgery, either in the public hospital for public or private patients or in a private hospital, usually as a private patient. The private patients knew that they would be operated on by the Consultant and consented appropriately to this course, at the time of the consultation.  However, the public hospital patients would often want Dr X (Consultant)  to perform Y surgery, however, mostly it was the Registrar ('Ghost surgeon') who performed the surgery (teaching hospital), under the guidance of the Consultant (who was not always in attendance).  Some Consultants would explain their role (Visiting Medical Officer) in the public hospital system, how the public 'lists' ran etc and others would not be so forthcoming. Some doctors would require completion of the consent … [Read more...]

Filed Under: Blog, Mediation, Personal Injury + Medical Negligence Tagged With: consent, failure to warn, ghost surgeon, informed consent, louise mathias barrister, medical negligence, medical specialist

March 8, 2017 By Louise Mathias

15 Considerations Before YOU Brief A Barrister?

How many times have you said or  heard it said that a barrister yelled, got angry, 'purged' their emotions on the solicitor? How often have you emailed and/or called a barrister without  response to what you 'need' to know or discuss, for days or even weeks......as they are unavailable and/or uncommunicative? Do you work with barristers that do most things 'on the run', without proper preparation and strategy?  Do your barristers only review the brief for hearing at the last minute and then provide a list of things to be done, with no time to do what is required in the case (this is on the proviso that the barrister was briefed early in the matter)? How do your barristers treat  your clients - are they polite or are they condescending?   Do they speak to the client in an easily understood manner and back you up? Do you feel like you and your barrister are a 'team', working to support each other to achieve the best outcome for the client, your barrister has got 'your back'? … [Read more...]

Filed Under: Blog, Criminal Law (Local Court), Family Law (Parenting and Property), Family Law Arbitration, Mediation Tagged With: added value, brief a barrister, family law, fixed fees, louise mathias barrister, louise mathias linkedin, quality service, sydney barristers

March 1, 2017 By Louise Mathias

6 Tips To Make Sure Your Victims of Institutional Abuse Clients Are Not Further Traumatised By Delay

The Royal Commission into Institutional Responses to Child Sexual Abuse ("RC") has investigated how institutions across the country, including schools, churches, sports clubs and government organisations, have responded to allegations and instances of abuse. In February 2017,  the RC released their report on the Catholic Church.   The Australian Catholic Church released "grim" data revealing 7%  of priests, working between 1950 and 2009, have been accused of child sex crimes; 1880 alleged perpetrators. I have been working with victims of institutional abuse cases  (religious and Government Institutions), in various capacities for a number of years. The  length of delay in such cases, is  a common occurrence and has been said to cause more 'abuse' to the victims. From my experience, I have found the Defendants  tardy in their litigation responses, in spirit and the letter of UCPR and litigation principles. The defendants propose to the court this is due to a number of factors.  Are … [Read more...]

Filed Under: Blog, Mediation, Personal Injury + Medical Negligence Tagged With: avoid delays, defence, Further and better particulars, pleadings, UCPR, victims of institutional abuse

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