Sandra Battersby v Allan; Darrel Battersby v Allan [2017] NSWSC 1724

Decision date: 15 December 2017
“EVIDENCE – Expert evidence – Proceedings alleging negligence by a Neurosurgeon – Where plaintiff sought to rely upon the evidence of a Neurologist – Whether Neurologist had the requisite specialised knowledge based upon training study and experience to express an opinion regarding surgery – Opinion admissible.”
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GMC begins High Court appeal over suspension of paediatrician convicted of manslaughter

BMJ 2017; 359: j5718
Author: Clare Dyer
“A medical practitioners tribunal erred in deciding only to suspend a doctor convicted of gross negligence manslaughter from the UK medical register rather than strike her off, the General Medical Council has said in the High Court.”
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Langton v Western Sydney Local Health District

Decision date: 23 November 2017
“PRACTICE AND PROCEDURE – Jurisdiction of Courts (Cross-vesting) Act 1993 – application to transfer – whether transfer in the interests of justice.The substantive proceedings concern claims of medical negligence in the neonatal care and treatment of Ms Georgia Langton after her birth in Blacktown Hospital on 1 July 1997.  Ms Langton claims personal injury damages for the alleged medical negligence.  The other two related proceedings are separately brought against the same defendants by each of Ms Langton’s parents, claiming damages for psychiatric injury alleged to have arisen from the negligence.”
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Princess Margaret Hospital sued over treatment of toddler who developed cerebral palsy

ABC, 28 November 2017
Author: Frances Bell
“Sunday Mabior was just 16 months old when she was taken to hospital after being scalded by hot water — but instead of getting better, she ended up in a “life and death struggle” that left her with a severe disability, a Perth court has heard.”
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GMC to push for erasure of paediatrician convicted of manslaughter

BMJ 2017; 359: j5223
Author: Clare Dyer
“The General Medical Council is to press ahead with an appeal in the High Court against what it considers a too lenient regulatory sanction on a paediatrician convicted of gross negligence manslaughter, despite a letter signed by more than 100 doctors urging the GMC to reconsider.”
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Calvary Hospital, doctor sued for negligence after stillbirth of baby girl

SMH, 6 October 2017
Author: Alexandra Back
“A Canberra couple who tried unsuccessfully for years to have a baby is suing Calvary Hospital and an obstetrician for negligence, after their baby girl was stillborn in an operating theatre.”
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Pierides v Monash Health (No 2)

Decision date: 21 September 2017
“PRACTICE AND PROCEDURE – Medical negligence claim – Duties of legal practitioners to court – Failure to disclose existence of expert evidence in a timely manner – Leave sought by defendant to adduce additional expert evidence – Leave should be granted – Civil Procedure Act 2010, ss 7-9 – Supreme Court (General Civil Procedure) Rules 2015, Order 44.”
Find decision here.