Are you experienced in drafting particulars? Or maybe you have just been asked to draft particulars and you don't know what you are supposed to do? We all have to start somewhere, being asked to draft particulars, not having done it before. On the other hand, maybe we are really experienced (or somewhere in between; no experience to very experienced ) in drafting and have already formed drafting habits along the way. After lecturing in Civil Practice and Procedure at Sydney University, I am a firm believer in constantly re-evaluating, so that we can learn and improve in our style and/or methods to try achieve the best results in the most cost effective manner. What are some basics when it comes to particulars? Whats good to keep in mind when drafting particulars? … [Read more...]
Concussion & CTE – Whats Ahead For Litigators?
I recently attended a conference which discussed "The Brain & Law" which I found very interesting and thought provoking, from both legal and medical perspectives. The session discussed the advances in medical research in relation to brain trauma, particularly concussion and how 'microglia' reacts in trauma, which will impact on personal injury law and also on patients/clients who suffer head injuries, including concussion. I recently watched a movie titled "Concussion", which recounted events, albeit with creative license, and showed Dr Omalu, a forensic neuropathologist, being stonewalled by the American NFL as he tried to ring alarm bells on the effects of repeated head trauma on NFL players’ health. What are the long-term health risks and legal position for the various sporting bodies in Australia in respect to a players 'head trauma', including what could be considered a light knock that may cause concussion? … [Read more...]
5 Tips For Greater Success In A Late Diagnosis Breast Cancer Case.
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...]
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...]