Area of law
Health Law & Medical Malpractice
HBA’s Health Law team collectively has decades of experience advising organisations within the health industry, across all principal lines of insurable risk. We have particular expertise in risk management, medical negligence, inquests, and disciplinary matters. Our work for the Australian health industry comes from government, insurers and directly from medical professionals/ organisations.
We have an enviable track record in the defence of complex litigated claims, professional conduct proceedings, prosecutions and coronial inquests, as well as acting on behalf of public and private hospitals and health practitioners themselves with respect to administrative law (Medicare/PSR, judicial review, breach of privacy).
Our team also advises on reportable deaths requiring coronial investigation and inquiry, accreditation and professional standards, and represent the interests of a broad range of clients to manage investigations and inquiries – whether these are work, health and safety prosecutions by WorkSafe, regulatory investigations, or responses to improvement notices.
We are highly experienced in assisting public sector medical and allied health professionals, offering both robust legal representation and clear, ongoing guidance as their claims progress.
Our team is highly skilled in the defence of claims involving mesothelioma, asbestosis, and other dust-related diseases, as well as claims stemming from exposure to hazardous chemicals that may result in chronic conditions, including cancer, respiratory illnesses, and skin disorders.
HBA’s extensive experience in the Australian medico-legal industry has equipped us with a comprehensive register of exceptional medico-legal expert witnesses with whom we work regularly. We also have excellent working relationships with senior and junior counsel on both sides of the country. In our experience, industry relationships such as these are immensely important in providing insurers and underwriters with the best service possible. You can be assured that when working with HBA, the best minds will be engaged in advising you.
Our success as a partner to the health sector lies in:
- Understanding the unique sensitivities required when dealing with claims and complaints; i.e. the “human element.”
- Working closely and empathising with practitioners to deliver the best support.
- Being fully conversant with the facts and circumstances of every matter and retaining sight of what is at stake in medical defence litigation and dispute prevention.
- Commitment to achieving the optimum outcome for the health facility or practitioners involved.
- Drawing on our wealth of experience in this field to deliver practical solutions.
- Having a thorough and in-depth understanding of the relevant medical evidence which underpins the claim which enables us to provide timely, pragmatic and cost-effective advice which takes into account the relevant stakeholders without compromising on technical expertise or quality of service.
We can handle all lines of insurance risk in the health sector
- Civil claims
- Professional conduct
- Coronial inquests and inquiries
- Medicare and PSR
- Capacity matters
- College disputes
- Credentialling and hospital investigations
- Defamation
Our team’s relevant experience includes
- Defending a claim against a regional hospital in respect to a catastrophic birth injury claim for a diagnosis of Stage 3 HIE, where liability was in issue and quantum was assessed in excess of $13 million dollars.
- Defending a claim against a regional hospital in respect to a catastrophic birth injury claim for a diagnosis of Stage 2/3 HIE and cerebral palsy, where quantum was assessed in excess of $7 million dollars
- Defending a claim against a metropolitan hospital in respect to alleged surgical error by a colorectal surgeon involving a bowel resection, where quantum was assessed in excess of $2 million dollars and where the metropolitan hospital argued novus actus interveniens in respect to subsequent negligently performed treatment (at another metropolitan hospital).
- Defending a claim against a private hospital involving alleged negligence in the post-operative care of a neurosurgical patient who sustained a catastrophic spinal injury.
- Defending a ‘wrongful birth/life’ claim against a private radiological clinic, arising out an alleged failure to diagnose a major chromosomal abnormality on a 20-week anatomy scan.
- Advising a major private hospital with respect to statements and other evidence obtained in the course of complying with regulatory reporting requirements.
- Assisting a major private hospital with respect to preparing for coronial inquests and inquiries and advising on risk management issues arising out of claims which are, or are likely to be, the subject of coronial inquests and inquiries.
- Successfully negotiating the dismissal of a claim against a neurosurgeon on a walk-away basis where the neurosurgeon had a significant risk on liability and the quantum of the claim was assessed in excess of $2 million dollars.
- Acted for a GP anaesthetist who fraudulently wrote a number of scripts in the names of his family, for his own use. HBA was successful in avoiding a referral to the police through a cooperative relationship with the Regulator.
- Acted for a number of medical practitioners accused of breaching professional boundaries.
- Represented a public hospital in coronial investigations concerning the suicide of a mental health patient following discharge from hospital.
- Acting in coronial inquests, with and without counsel as required, including for the operator of a remand and detention centre; a number of deaths in care for medical practitioners; inadequate medical care; suicide in the health care industry; and fatigue related deaths.
- HBA’s people have acted in some of the most significant reviews of the industry and high-profile matters including: 2016 Barrett Inquiry; Historical abuse claims; Royal Commission into Aged Care Quality and Safety.
- Acting for various GPs and specialists in Medicare and PSR reviews, including negotiation of s92 agreements and representation at Committee hearings.
- Acting for various practitioners in relation to drug use and addition.
