Category Archive: Medical Indemnity

Insurance Review May 2016

Welcome to Insurance Review May 2016, DLA Piper’s publication dedicated to the insurance industry. In this edition we report on developments across the insurance industry, including the impact of the AEC and other regulatory developments. We also report on the latest cases in many classes of business, including D&O, cyber, privacy, fintech, construction, medical indemnity, …

Continue reading »

Appellants fail in attempt to recover damages for costs of raising child with profound disabilities – Waller v James [2015] NSWCA 232

Last Thursday, the NSW Court of Appeal dismissed an appeal against Justice Hislop’s decision in Waller v James [2013] NSWCA 497. Causation is often an issue in medical negligence cases and this was no different. The appellants established that the respondent had breached his duty of care to them but they failed on causation.

Continue reading »

High Court refuses special leave to appeal in AME Hospitals v Dixon

Earlier today, the High Court of Australia refused special leave to appeal against the Supreme Court of Western Australia Court of Appeal’s decision in AME Hospitals Pty Ltd v Dixon [2015] WASCA 63. The High Court’s refusal of special leave confirms that, in claims that require expert evidence on the physical cause of a plaintiff’s …

Continue reading »

Long Tail Personal Injury Claims – Have the Gates Opened in Western Australia?

In September 2014, we reported on the argument before the Supreme Court of Western Australia Court of Appeal in an appeal against the decision of Dixon v Clarke [2013] WASC 471.  The Court of Appeal delivered its reasons for decision this morning.  In its decision (AME Hospitals Pty Ltd v Dixon [2015] WASCA 63), the …

Continue reading »

DLA Piper’s Insurance Review Febuary 2015

Welcome to DLA Piper’s Insurance Review February 2015 – an annual publication dedicated to the insurance industry. Please click here if you wish to view or download the publication. We hope you enjoy reading the 2015 issue and we welcome your feedback on our publication. Please feel free to send us your comments or suggestions.

Continue reading »

High Court limits duty of care regarding psychiatric detention

On 12 November 2014, the High Court of Australia unanimously held that a hospital and a doctor did not owe a duty of care to the relatives of a man killed by a mentally ill patient who had been discharged from the hospital into the man’s care. This case provides some clear guidance on how …

Continue reading »

High Court finds no duty of care

 In Hunter and New England Local Health District v McKenna; Hunter and New England Local Health District v Simon & Anor [2014] HCA 44, the High Court unanimously allowed appeals from the New South Wales Court of Appeal, and found that a hospital and its staff did not owe a duty of care to the …

Continue reading »

High Court hears appeal on hospital’s duty of care to man murdered by mental health patient

Last week, the High Court of Australia heard argument in an appeal against the decision of McKenna v Hunter & New England Local Health District; Simon v Hunter & New England Local Health District [2013] NSWCA 476. The case concerns the discharge of a mental health patient into the custody of his friend, Stephen Rose, …

Continue reading »

Fund management expenses in catastrophic personal injuries cases – awards on top of awards?

The costs of managing awards of damages for catastrophic personal injury claims comprise one of the most significant heads of damage that a plaintiff is awarded.  These costs often make up around 20% of the total award.  Where a defendant’s tort has caused a plaintiff to need assistance to manage his or her affairs, there …

Continue reading »

Long tail personal injury claims – a floodgate issue in WA?

Yesterday, the Supreme Court of Western Australia Court of Appeal heard argument in an appeal against the decision of Dixon v Clarke [2013] WASC 471. The case concerns a plaintiff who allegedly suffered hypoxic ischaemic encephalopathy during birth in 2001. She now has cerebral palsy. Prior to the limitation period expiring in 2011, the plaintiff’s father …

Continue reading »

Older posts «