Health Alert (Australia): Week of May 30, 2014

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In This Issue:

Judgments; Legislation; and, Reports.

Excerpt from JUDGMENTS:

New South Wales (NSW) -

21 May 2014 - Neville v Lam (No 3) [2014] NSWSC 607 -

The practitioner is a gynaecologist who performed an endometrial ablation on the plaintiff to treat her severe menorrhagia. The plaintiff later gave birth to a child with significant disabilities. She alleged the practitioner was negligent in failing to advise her of the risk she could still conceive after undergoing the procedure. The practitioner denied he failed to warn of the risks and relied on as evidence his usual practice and the contents of his medical notes.

The NSW Supreme Court found the plaintiff had not proved the practitioner failed to warn her and therefore dismissed her case. They considered the evidence of the practitioner's usual practice and notes from a separate consultation, in which the relative merits of treatments for contraception were discussed, to be persuasive...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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