The factors to be considered in assessing whether a plaintiff has capacity to carry on and settle proceedings and whether they are incapable of managing their affairs was recently determined in the Supreme Court of NSW. Here, the plaintiff brought a medical negligence claim against the state of Queensland, the South Eastern Area Health Service and the Sydney South West Area Health service, for her management and treatment at various hospitals between 1 February 1999 and 19 July 2006. She alleged that the defendants negligently made and maintained a diagnosis of myasthenia gravis and failed to treat her psychiatric symptoms, such that she developed a condition known as \u27conversion disorder\u27
The Queensland Court of Appeal recently heard a case that raised the defence of volenti on fit injur...
Fitness to plead in the magistrates' courts is a neglected issue in many Australian jurisdictions, w...
One of tort law\u27s great failures is its treatment of claims for psychiatric damage (or, to use a ...
The Queensland Court of Appeal recently heard a case that raised the defence of volenti non fit inju...
In 2010 the High Court of Australia in Tabet v Gett (2010) 240 CLR 537 determined an appeal in a med...
In Australia, both common and statutory law allows compensation for negligently occasioned recognise...
Under the civil liability legislation enacted in most Australian jurisdictions, factual causation wi...
Assessment of liability in negligence cases is based on the objective standard of reasonable care. A...
Since at least 1970, one of the constraints upon compensability for pure mental harm at common law h...
The availability of compensation for loss of chance in clinical negligence cases appeared to be avai...
In Christensen v Salter [2002] QDC 082 the District Court of Queensland considered some issues on th...
Legal Disputes over Duties to Disclose Treatment Risks to Patients: A Review of Negligence Claims an...
In Australia, the reduced mental capacity which is characteristic of children alters the standard of...
Wei Fan v South Eastern Sydney Local Health District (No 2)1 is a professional negligence decision g...
Medical negligence claims have increased significantly over the last number of years. The trend is s...
The Queensland Court of Appeal recently heard a case that raised the defence of volenti on fit injur...
Fitness to plead in the magistrates' courts is a neglected issue in many Australian jurisdictions, w...
One of tort law\u27s great failures is its treatment of claims for psychiatric damage (or, to use a ...
The Queensland Court of Appeal recently heard a case that raised the defence of volenti non fit inju...
In 2010 the High Court of Australia in Tabet v Gett (2010) 240 CLR 537 determined an appeal in a med...
In Australia, both common and statutory law allows compensation for negligently occasioned recognise...
Under the civil liability legislation enacted in most Australian jurisdictions, factual causation wi...
Assessment of liability in negligence cases is based on the objective standard of reasonable care. A...
Since at least 1970, one of the constraints upon compensability for pure mental harm at common law h...
The availability of compensation for loss of chance in clinical negligence cases appeared to be avai...
In Christensen v Salter [2002] QDC 082 the District Court of Queensland considered some issues on th...
Legal Disputes over Duties to Disclose Treatment Risks to Patients: A Review of Negligence Claims an...
In Australia, the reduced mental capacity which is characteristic of children alters the standard of...
Wei Fan v South Eastern Sydney Local Health District (No 2)1 is a professional negligence decision g...
Medical negligence claims have increased significantly over the last number of years. The trend is s...
The Queensland Court of Appeal recently heard a case that raised the defence of volenti on fit injur...
Fitness to plead in the magistrates' courts is a neglected issue in many Australian jurisdictions, w...
One of tort law\u27s great failures is its treatment of claims for psychiatric damage (or, to use a ...