Healthcare: Medical Liability

Henry Davis York's healthcare medical liability team has received independent industry recognition, being listed in the Doyles Guide as a "Leading Medical Negligence Firm", one of only two firms to be listed as a "first tier" firm. Louise Cantrill is also individually recognised as a Recommended Lawyer in Insurance in The Legal 500 Asia Pacific as well as listed as an expert in Best Lawyers Australia for Insurance Law and Medical Negligence and Professional Malpractice Litigation. Louise has been recognised as a Leading Lawyer in Doyles Guide for Medical Negligence (Defendant) – NSW and Recommended Lawyer in for Public Liability (Defendant) and Professional Indemnity

The team's experience arises from acting in hundreds of NSW Health matters since 2011, as well as drawing on over 20 years' experience acting for various allied healthcare professionals, medical practices and specialists. We act across a spectrum of claims from small unlitigated matters through to complex, multi-party claims and catastrophic injury matters in the Supreme Court. We act on behalf of healthcare service providers in the Coroner's Court, and provide support and assistance to healthcare service providers for complaints made to various regulatory bodies.

Our experience

  • Catastrophic Injury: The plaintiff's tutor commenced a claim for catastrophic birth injury (cerebral palsy) against multiple defendants, including the treating practitioners and the hospitals to whom she presented. We secured favourable evidence on causation which ultimately assisted all defendants and successfully managed to negotiate apportionment and maintain ongoing relations between the treating practitioners and the hospitals. We also undertook the difficult quantum assessment which assisted in negotiating settlement with the claimant in a sensitive manner which secured an outcome that all parties considered appropriate.
  • Allied Health Professional: A physiotherapist treated a patient's chronic pain using various alternative techniques with some success. The patient subsequently made a complaint to the HCCC against the physiotherapist. The HCCC concluded our client had been guilty of unsatisfactory professional conduct and, in consultation with the Physiotherapy Council of NSW (the Council), decided to prosecute the complaint against our client before the Council. We made detailed submissions to the Council and obtained expert evidence in support of our client. The Council found in our client's favour and dismissed the complaint.
  • Coronial: We assisted a hospital and its employees in an Inquest into the death of a patient a few days after being discharged from the hospital's emergency department. The inquest focused on whether the care and treatment provided caused or contributed to the patient's death. As a result of the evidence we were able to present to the Coroner detailing proactive steps taken by the hospital to prevent similar incidences occurring in the future, the Coroner endorsed the changes in procedure and a referral or adverse findings were not made.