Medical Negligence

Medical malpractice (or medical negligence) occurs when a doctor, health care professional, hospital or other health care facility fails to care for someone in accordance with the accepted standards of the medical profession and the person is injured, becomes ill or a condition or illness worsens as a result.

These cases are often difficult since a degree of medical knowledge is required in addition to legal ability.

Dan has developed unique expertise in a wide range of medical malpractice lawsuits, including cases involving:

  • Delays in the diagnosis of cancer including melanoma.
  • Birth defect injuries including cerebral palsy.
  • Infection cases including infections acquired in hospital.
  • Poorly performed joint replacement surgery, and other surgical errors.
  • Emergency room mistakes.
  • Medication errors.

Many medical negligence cases “settle out of court” but Dan has represented injured people at trials when that has proven necessary to obtain a fair result. Some of Dan’ case wins include:

King -v- Metropolitan Health Services Board [1998] Library 980276. Dan represented a patient of the Royal Perth Hospital who acquired an infection in his spine (osteomyelitis) whist an inpatient. The case succeeded at trial but the Hospital appealed and a retrial was ordered after which the matter settled.

Boehm -v- Deleuil & Anor [2005] WADC 55 (30 March 2005). This was a missed diagnosis of cancer by two of Dan’s client’s general practitioners. This case was particularly tragic as the client lost his leg as a result. The case was successful.

Martin v Minister for Health [2016] WADC 15 (5 February 2016). The Armadale-Kelmscott Memorial District Hospital (AKH) failed to investigate its patient’s complaints of pain in his right arm, which resulted in a near total loss of use of his hand. The case was successful and Dan’s client received an award of $444,254 plus losts.

Hospitals can be very dangerous places!