Media & Podcasts

Capital Brief: Disconnect Discord

The Right to Disconnect law came into effect in August inevitably brought questions to the legal industry, particularly the implications on law firms.

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Blog

A Failure to Consult: The Fair Work Commission...

Making logical changes to workplace processes should be simple and straight forward. However, a recent decision of the Fair Work Commission (FWC) confirms that employers still need to make sure they follow the additional step of proper employee consultation, or risk a poor outcome in the Commission. This means managers need to ensure employees' feedback has not only been sought, but also be able to demonstrate how employee feedback has influenced the process and been accounted for in the final outcome(s).  

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Firm News

Hicksons recognised in Doyle’s Guide 2024

We are delighted to be recognised as a leading law firm in the 2024 Doyle’s Guide across the following categories:

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Media & Podcasts
Hicksons Health Hour: Episode 3 - Understanding Medical Negligence Law

Hicksons Health Hour: Episode 3 - Understanding Medical Negligence Law

In this episode, Hicksons Senior Associate, Messha McLeod examines the medico legal landscape in NSW, including how civil claims are managed and how negligence is established.
Media & Podcasts
Hicksons Health Hour: Episode 1 - Duty Of Care

Hicksons Health Hour: Episode 1 - Duty Of Care

In this episode, Hicksons Partner, Rosslyn Cooke explores the principles of negligence and relative legislation around Duty of Care.
Blog
Will you be protected if you provide medical advice through an app?

Will you be protected if you provide medical advice through an app?

There has been a proliferation of businesses in the past decade both globally and in Australia which provide medical and dental advice over the internet. The appeal to patients is obvious: convenience, low expenses and instantaneousness. But if you are the medical practitioner employed or contracted by these businesses and something goes wrong with the treatment provided, will you be afforded the same protection under the law in defending a negligence claim as you would if you had reviewed the patient in a traditional manner (i.e. in person)?
Blog
Expert evidence requirements for issue of professional negligence claims

Expert evidence requirements for issue of professional negligence claims

In the matter of Netherwood v Hillier, the case dealt with an application to strike out proceedings as against the third defendant, Dr David Bell for failing to provide expert reports supporting the claim against him.  
Blog
Peer Professional Opinion and Inherent Risk considered by the NSW Supreme Court in the recent case of Polsen v Harrison (No. 8)

Peer Professional Opinion and Inherent Risk considered by the NSW Supreme Court in the recent case of Polsen v Harrison (No. 8)

A recent Supreme Court of NSW judgment in the matter of Katrina Polsen v Dr Harrison (No.8) (‘Polsen’) considers the pleading of Inherent Risk and Competent Professional Practice under the Civil Liability Act 2002 NSW (‘the Act’) and the viability of expert evidence based on assumptions which are not supported by evidence.
Blog
A warning for experts and those who brief them

A warning for experts and those who brief them

Whilst not medical negligence claims, we draw your attention to three recent District Court of NSW decisions of Her Honour, Gibson DCJ concerning applications for approval of infant settlements (Saleh by his tutor Abusaleh v Li [2017] NSWDC 305; Kandil by his tutor Kandil v Halliday [2017] NSWDC 327; and Tartak by her tutor Tartak v Zada [2017] NSWDC 330).

  • 24 Nov 2017

Blog
Failure to establish suicide attempt was related to discharge advice

Failure to establish suicide attempt was related to discharge advice

The Court of Appeal upheld the trial judge’s decision that the plaintiff ‘s claim failed as he failed to establish that the advice provided on discharge for a period of leave, or the lack thereof, was causally related to his subsequent attempt to commit suicide and consequential hypoxic brain injury.

  • 6 Jun 2017

Blog
Failure to abandon surgery results in damages of $3.8M

Failure to abandon surgery results in damages of $3.8M

In a recent Supreme Court of NSW decision, the plaintiff was successful in his claim against an orthopaedic surgeon an anaesthetist in relation to paraplegia suffered during surgery to correct a spinal deformity. The plaintiff was awarded a sum in excess of $3.8M plus legal costs.

  • 19 May 2017

Blog
A need for targeted prevention of suicide by health professionals

A need for targeted prevention of suicide by health professionals

A recent coroner’s inquest into the death of a RANZCOG trainee from an accidental overdose of intravenous drugs, including propofol, midazolam, and fentanyl, has highlighted the problem of diversion of drugs of addiction from hospitals. The inquest also highlighted a number of other issues which are of relevance to hospitals and doctors.

  • 7 Dec 2016

Blog
Impact of NDIS on interim payment application

Impact of NDIS on interim payment application

Eastbury v Genea Limited (formerly known as Sydney IVF Limited) [2015] NSWSC 1834

  • 24 Aug 2016

Blog
Primary Claim relates to alleged negligence in the Medical Care Sector

Primary Claim relates to alleged negligence in the Medical Care Sector

This Supreme Court decision relates to an application for leave to file and serve a Further Amended Statement of Claim by a self represented litigant. The defendants opposed the application.

  • 6 Apr 2016

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