Archive for September, 2009

Doctors duty to provide information – Duty to warn

Thursday, September 24th, 2009

Medical practitioners have always had a legitimate concern about the extent to which the law imposes an obligation on them to warn patients of the risk involved in a particular procedure or treatment. In Queensland some certainty has been provided by the Civil Liability Act 2002(Qld) and provisions dealing with the proactive and reactive duties of doctors to warn of risks

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Liability By Design

Thursday, September 24th, 2009

Drummond and Rosen Pty Limited v Easy & Or’s [2009] NSWCA 74

Architects and design professionals have experienced an increased exposure to personal injury claims in the last five or so years, particularly in Queensland following the enactment of the Personal Injuries Proceedings Act 2002. Where persons suffer injury as a result of an alleged defect in a premises or structure the architect is commonly joined to the claim, even in cases where the architect has a rather limited involvement. Against this background a recent decision of the New South Wales Court of Appeal is welcome news to architects, design professionals and their insurers.

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