Medical Litigation News and Research

RSS

Aging thalidomide victims to receive $50 million in compensation

Thalidomide was sold in a number of countries across the world from 1957 until 1961 when it was withdrawn from the market after being found to be a cause of birth defects in what has been called "one of the biggest medical tragedies of modern times".

28 Jul 2010

35 cases of hepatitis C among Melbourne abortion clinic patients

Over the last few months there has been a rise in hepatitis C cases at an abortion clinic in Melbourne. In a new development 13 new cases have been diagnosed. This brings the total count to 35. The Victorian police are investigating the source of the infections. The link between the Croydon Day Surgery and the cluster was first revealed in April, when there were only 12 cases.

28 Jul 2010

Botched breast reduction wins Victorian woman $133,000 compensation

A Victorian woman, Bronwyn Hooper, 47 moved to court after her breasts were disfigured during reconstructive surgery. The court has awarded her $133,000 as compensation. Her legal battle lasted five years with Dr. Narine Efe of East Melbourne.

19 Jul 2010

Attorney General moves towards increasing Patel sentence

Attorney General Cameron Dick has protested against the seven year sentence awarded to Dr. Jayant Patel on grounds that it is inadequate and fails to do justice to the seriousness of the crime. He said, “The grounds of this appeal are that these sentences are inadequate in all the circumstances and fail to reflect the gravity of the offences.”

19 Jul 2010

Glaxo announces a $2.3 billion in legal liability charges

British pharmaceutical giant GlaxoSmithKline, announced this Thursday that its second-quarter charges related to legal cases involving the two drugs Avandia (diabetes drug) and Paxil (drug for anxiety and depression) would run up to $2.36 billion. Avandia’s use and its potential risk of causing heart problems were being debated this week by an advisory panel to the US Food & Drugs Administration (FDA).

16 Jul 2010

Patel verdict “grossly inadequate”

Many including Queensland MP Rob Messenger, feel that the seven year sentence awarded to Dr. Jayant Patel by the Brisbane's Supreme Court yesterday is “grossly inadequate.” Patel was being tried for three cases of manslaughter and one case of grievous bodily injury during his tenure as Director of Surgery at Bundaberg Base hospital between 2003 and 2005.

1 Jul 2010

Patel sentence today

Dr. Jayant Patel, 60, a Bundaberg Base hospital surgeon has been found criminally negligent in his patient care. He was brought before the court on three accounts of manslaughter and causing grievous harm to another person. The incidents occurred during his tenure at the hospital as Director of Surgery between 2003 and 2005.

1 Jul 2010

Jury still out on Patel case

It is the seventh day the Jury deliberating on the Patel manslaughter is sequestered at a Brisbane hotel. The Jury including six men and six women retired to an undisclosed Brisbane hotel last Wednesday to consider the case. Today also marks the 59th day of the trial.

28 Jun 2010

Patel had the patient’s best interests in mind: Defense says

The manslaughter trial against the Bundaberg based surgeon Dr. Jayant Patel that has been going on for 13 weeks now, is in its final phases now. In Dr. Patel’s defense barrister, Michael Byrne QC completed his final address to the jury in the Queensland Supreme Court.

21 Jun 2010

“Devastating” evidence against Dr. Jayant Patel

Dr. Jayant Patel, 60, is pleading not guilty to the manslaughter of Mervyn Morris, Gerry Kemps and James Phillips and grievous bodily harm to Ian Vowles during his time as director of surgery at the Bundaberg Base Hospital between 2003 and 2005. In new developments the Brisbane Supreme Court heard many medical specialists give evidence against Patel’s decision to operate on Mr. Phillips in May 2003 who later died.

15 Jun 2010

Lawsuit to be launched over breast cancer gene patent

BRCA1 and BRCA2 are two genes that have been identified to hold a key to women’s susceptibility to get breast or ovarian cancer. Changes also known as mutations in these genes are significant in women who go on to develop breast or ovarian cancer. Melbourne-based company Genetic Technologies Limited (GTL) has the exclusive license from American biotechnology company Myriad Genetics to carry out testing for the genes in Australia. Myriad holds a patent for these genes.

7 Jun 2010

Hepatitis C investigations intensify as number of women infected by doctor rises

In recent news 12 women had been infected with the Hepatitis C virus allegedly from an anaesthetist Dr James Latham Peters, practising at an abortion clinic, Croydon Day Surgery. As the investigations continue the number of infected women has risen to 44.

1 Jun 2010

Lawsuit fears hinder physician adoption of medical innovations

According to a new national survey on defensive medicine by Jackson Healthcare, the threat of a lawsuit causes many physicians to delay the adoption of medical innovations. More than half (53%) of survey respondents reported they had delayed adopting medical innovations such as new pharmaceuticals, procedures and medical devices due to fear of litigation.

19 May 2010

Nurses give evidence of the horrifying day in Dr. Jayant Patel’s surgery

The trial of Dr. Jayant Patel continues. In recent evidence at the court one of the operating theatre nurses revealed under oath to the Brisbane Supreme Court how staff had tried to deter former Bundaberg-based surgeon Jayant Patel from transferring an unstable patient from the theatre to ICU, where he died. There was earlier evidence that the man was bleeding uncontrollably and also allegations that Patel urged junior doctors not to tell anyone what happened.

12 May 2010

Lawsuit over hepatitis C infections contracted from Doctor

Nearly 30 women got infected with Hepatitis C virus due to a breach in infection prevention protocols by an anaesthetist at a late-term abortion clinic. The incidents occurred at the Croydon Day Surgery in Melbourne's eastern suburbs during an 18-month period when James Latham Peters was working as an anaesthetist. The issue had come to light in the last few weeks. Now a multi million dollar lawsuit against the Medical Practitioners Board of Victoria on behalf of the allegedly infected women is being planned.

9 May 2010

Patel trial adjourned further

There has been a further delay in the much hyped Dr. Jayant Patel manslaughter case.

23 Apr 2010

More testimony on Patel trial

In the ongoing trial of Dr. Jayant Patel for manslaughter of three men and grievous injury to the fourth during his tenure as Director of surgery at Bundaberg base hospital new testimony has surfaced. Patel had pleaded not guilty.

21 Apr 2010

Patel trial testimony by anesthetist: bleeding and kidney damage may have led to early death

In the Jayant Patel manslaughter case new testimony has surfaced. Dr. Patel has been accused of causing the deaths of three Queensland patients and permanently injuring another when he performed operations as director of surgery at the Bundaberg Base Hospital between 2003 and 2005. He had pleaded not guilty.

20 Apr 2010

Jury ill and further adjournment in Dr Patel manslaughter trial

There has been yet another jury issue that will delay the manslaughter case trial against surgeon Dr. Jayant Patel. Dr. Patel had pleaded not guilty in case of manslaughter against three patients Mervyn John Morris, James Edward Phillips and Gerry Kemps.

15 Apr 2010

Further delay in the trial of Dr. Jayant Patel

There is yet another delay in the Dr. Jayant Patel manslaughter trial. Justice John Byrne gave the jury a day off on Thursday agreeing to meet on Friday. He parted with encouraging words to the jury saying, "During the Second World War, so I'm told, at times when things were quiet for the soldiers, they were often encouraged with the words of (17th century poet John) Milton from three centuries earlier: `They also serve who only sit and wait'…I mention this because your involvement today now ceases and it will be not necessary for you to be involved in the trial for the rest of the day."

8 Apr 2010