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Article
Accountability vs Insurance Coverage: What Health Practitioners Need To Know
When seeking legal advice for complaints or referrals, it is important for health practitioners to understand the scope of their Professional Indemnity Insurance (PII). PII generally covers legal defence costs, assistance during investigations, and any damages or penalties that fall within the policy terms. However, most insurance policies contain clauses that prohibit practitioners from admitting liability without the consent of the insurer.
Australia Insurance
BP
Bennett & Philp Lawyers
Article
Inquest Into The Death Of Simon Gaskill: Systemic Gaps In Discharge Planning For Patients Experiencing Homelessness
A coronial inquest into the death of Simon Gaskill reveals critical failures in hospital discharge planning for homeless patients with complex health needs. The case examines how standard discharge procedures failed to account for the practical realities of homelessness, leaving a vulnerable patient without meaningful access to follow-up care.
Australia Insurance
M
McCabes
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Article
Much-needed Judicial Guidance In Forced Adoption Cases From Lamont
In the forced adoption case of Lamont, the Supreme Court confirmed that the plaintiff’s consent to the adoption of her child in 1968 was valid and informed, rejecting claims that she was coerced into doing so. The Court further found that the defendants adhered to the societal and legal standards of the time, and were not in breach of their duty of care in the course of the adoption.
Australia Litigation
BN
Barry Nilsson
Article
Accountability vs Insurance Coverage: What Health Practitioners Need To Know
When seeking legal advice for complaints or referrals, it is important for health practitioners to understand the scope of their Professional Indemnity Insurance (PII). PII generally covers legal defence costs, assistance during investigations, and any damages or penalties that fall within the policy terms. However, most insurance policies contain clauses that prohibit practitioners from admitting liability without the consent of the insurer.
Australia Insurance
BP
Bennett & Philp Lawyers
See more
Article
Go Ahead, Disprove My Case! – Section 52 Of The Wrongs Act 1958 (Vic), Hypothetical Counterfactuals And The Onus Of Proof
The Supreme Court of Victoria has confirmed that where a defendant, in cases brought under section 52 of the Wrongs Act 1958 (Vic), raises a hypothetical counterfactual on the question of causation, the onus is on the plaintiff to prove every element of its own case, including proving that hypothetical counterfactual ought not be accepted.
Australia Insurance
K
Kennedys
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