In victims of Institutional and medical negligence cases a common issue that often arises is; are there are other contributing factors which caused the Plaintiff harm, other than the alleged negligent act or omission? Who has to prove what in when it is alleged the Defendant is not liable for the total harm? How can mediation be given the best opportunity for success in these cases? Please feel free to contact Louise to discuss how she can assist you and your clients obtain optimal results in an enjoyable collaborative environment, at louise.mathias@sydneybarrister.net.au or (02) 9336 5399 or connect with her on LinkedIn. … [Read more...]
IVF and Negligence
A couple underwent IVF, through a fertility clinic in late 1999 (prior to the Civil Liability Act 2002 (NSW)) and a baby boy was born with anti-thrombin deficiency (ATD, AT3, Factor III deficiency) in 2000, which was genetically inherited from the father. Four days after birth, the baby suffered a cerebral sinovenous thrombosis (CSVT), a form of a stroke. In 1999, genetic testing of embryos was not available and was regarded as "experimental technology with unproven accuracy." … [Read more...]
9 Shocking Mistakes Killing Women (& Men) With Breast Cancer!
It is estimated that in 2015, 15,600 women and 145 men will be diagnosed with breast cancer. Approximately 42 women will be diagnosed each day in 2015 with breast cancer. One in eight Australian women will be diagnosed with breast cancer by the time they turn 85. It is estimated that in 2020, 17,210 women will be diagnosed with breast cancer. Breast cancer is the most common form of cancer diagnosed in women. It is estimated that 3,040 women and 25 men will lose their lives to breast cancer in 2015 Breast cancer can often be cured when detected early and treated appropriately. Early diagnosis increases a patient's chances for survival, reduces the chance of metastasis, lessens pain and recovery time, as the required surgery is far less intrusive and extensive than a later diagnosis. What are the common medical negligence issues in relation to breast cancer diagnosis and treatment? … [Read more...]