Articles & Cases

Can ACT doctors be negligent when suicide attempts occur?


Nearly 2,900 people in the country committed suicide in 2016, according to the latest Australian Bureau of Statistics data. Suicide is also the leading cause of death among Australians aged between 15 and 44, Australian Institute of Health and Welfare research shows. Medical practitioners have an obligation to ensure they…

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What is the Nominal Defendant in a car accident claim?


The terms 'plaintiff' and 'defendant' are used in car accident compensation cases - and other civil law matters - to represent the individual pursuing the claim and the people or organisations being accused, respectively. As a plaintiff, you may encounter another phrase: the Nominal Defendant. But what does this mean?…

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What is the biggest payout for medical negligence in the ACT?


Medical negligence payouts can run into the hundreds of thousands of dollars, but the biggest settlements may result in a plaintiff receiving compensation worth millions. So what is the largest payout that a hospital in the ACT has ever made? This is a difficult question to answer, as many claims…

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What evidence do I need to proceed with a medical negligence claim?


Medical negligence claims are a complex area of liability law. They are often among the most difficult cases for claimants to win because medical practitioners perform a challenging job in high-pressure environments, so they are afforded some professional leeway. But medical negligence is still taken seriously in the ACT. A…

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How can I avoid animals on the road?


Canberra has the dubious honour of being the Australian city where the most collisions occur between vehicles and animals. It is the second year in a row that the ACT capital topped the rankings, according to insurer AMMI. The firm analysed 40,000 claims across 2015 and 2016, with kangaroos found…

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What does informed consent mean for ACT medical negligence claims?


Medical practitioners must obtain informed consent from patients before going ahead with treatments in the ACT, but what does this mean? Informed consent is when you formally acknowledge that you have been warned of the potential risks of treatment and are agreeing to proceed. This may sound like a simple…

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Where are the ACT’s crash hot spots?


Some roads get a reputation for being dangerous. Whether it's traffic volumes, a lack of safety barriers or poor street lighting, there are many reasons why certain stretches of road become crash hot spots. But where are the ACT's most hazardous highways? Recent AAMI Crash Index analyses of insurance claims,…

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What time limits apply to an ACT medical negligence claim?


Medical practitioners perform a difficult job to excellent standards every day in the ACT. But treatments can go wrong, and professionals are sometimes at fault for negative outcomes because of negligence. While incidents are fairly uncommon, medical negligence can have a devastating impact on a patient's quality of life following…

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How much medical negligence compensation is paid out in the ACT?


Medical negligence can have a significant impact on patients, leaving them with serious injuries, illnesses and disabilities that affect their quality of life. The majority of medical practitioners do an excellent job. Yet mistakes happen, and when medical practitioners breach their duty of care, the consequences can be disastrous. But…

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What are ‘non-economic losses’ in ACT car accident compensation cases?


Car accidents remain a significant threat to road user safety in the ACT, with government statistics showing an average of more than 20 crashes every day in the territory in 2015. The number of reported incidents has stayed relatively consistent over the last 10 years, despite a 25 per cent…

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Young Canberra father receives over $475,000 following motor vehicle accident


On 18 September 2014 our client was the driver of a vehicle which was involved in a car accident in Canberra, ACT. Our client received a burst fracture to his lumbar spine, injuries to his neck and shoulder. Our client also incurred psychological injuries in the months following the accident. Following…

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Young Canberra father received over $475,000 following motor vehicle accident injury


On 18 September 2014 our client was the driver of a vehicle which was involved in a car accident in Canberra, ACT. Our client received a burst fracture to his lumbar spine, injuries to his neck, shoulder and he started to experience a loss of sensation to both of his legs.…

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What are the key steps in an ACT medical negligence claim


Medical negligence is rare in Australia, with the country possessing one of the most sophisticated healthcare systems in the world. The ACT in particular also boasts a low rate of adverse incidents in public hospitals. A Productivity Commission report showed that only four instances of medical negligence led to the…

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Can I make a claim for car accident compensation in the ACT?


Car accidents are one of the leading causes of premature death in the country, with Australian Institute of Health and Welfare figures showing 1,206 people died from land transport crashes in 2012. The ACT government's latest Road Crash Report revealed that 7,850 'on-road' accidents occurred in 2015, creating 813 casualties…

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Compensation for patient injured when tripping over bollard at a public Canberra hospital


On or around July 2013, our client was an elderly lady who was a patient and lawful entrant at a public hospital in Canberra to which she was attending to for treatment. Our client was within the underground carpark of a public hospital when she tripped and fell on a parking…

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Wife of ACT Man Receives $75,000 as Compensation from Major ACT Hospital’s failure to promptly diagnose cancer


Our client was a middle-aged man from the ACT who was admitted to the Defendant hospital for investigation and management of a suspected appendicitis and possible adjacent neo plastic lesion due to a history of right sided lower abdominal pain. Our client was admitted for surgery to remove part of…

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Nerve damaged barista awarded over $593,000 compensation for unsafe work practice


The matter of D'amico v Calvary Hospital Auxiliary was a 2013 public liability action which was heard in the Supreme Court of the ACT. The Plaintiff was awarded $593,700.00 in compensation. Facts The Plaintiff was a 45 year old Canberra women who suffered from Guillain-Berre Syndrome, a form of nerve inflammation, as…

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Motivated career woman from Canberra awarded $311,600 in accident compensation


Singh v Cooper was a vehicle accident claim heard by the Supreme Court of the ACT in 2015. The Plaintiff was ultimately awarded $311,600.00 for her injuries. Facts The Plaintiff was a 39 year well educated women.  She had obtained a Diploma of Health Science at Auckland university of Technology, which…

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ACT Claim – Client injured but returned to work


Ms SCF was involved in a motor vehicle accident on 13 June 2013. At the time of the accident, where she was a passenger, she was 17 years of age. The accident occurred at Echelon Drive and Drakeford Drive, Wanniassa in the Australian Capital Territory. She also resided in Canberra.…

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Making a Claim for a Motor Vehicle Accident Injury in the ACT


It is an unfortunate circumstances when we are involved in a motor vehicle accident and even more significant if we have sustained injuries form that accident. It is imperative that we understand that there are basic steps that need to be undertaken to ensure that your rights to claim compensation for the…

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Commencing a personal injury claim in the Australian Capital Territory


The piece of legislation that determines what actions need to be taken in personal injury matters within the Australian Capital Territory is the Civil Law (Wrongs) Act 2002 (ACT), which will now be referred to as “the Act”. This article makes particular reference to Chapter 5 of the Act, being pre-court procedures in personal injury…

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$95,000 Compensation for Slip Fall Accident in Shopping Centre


Our 55-year old client was shopping at her local shopping centre when she slipped in a puddle of liquid on the floor and fell, twisting her left knee and landing on the floor. Security from the shopping centre attended her to take her report of the incident and she was…

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Knee injury for fruit shop shopper slip & fall receives $150,000 compensation


Our 70-year old client was shopping in his local fruit shop with his wife and was approaching the registers to pay for their purchases when he slipped on a lettuce leaf and fractured his left knee. The manager of the fruit shop was nearby at the time and saw our…

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