Article Title

Pleading trespass in medical cases: Avoiding the limitations imposed on the award of damages

Abstract

The circumstances where a plaintiff will be able to avoid the limitations imposed on the award of damages under the Civil Liability Act 2002 (NSW) was recently considered by the NSW Court of Appeal in Dean v Phung [2012] NSWCA 223. The case is important for solicitors to be aware of as it can significantly increase the amount of compensation that a plaintiff is entitled to receive. Any solicitor handling a claim involving a client who has been injured should reflect on the conduct of the defendant to assess the merits of including a claim in trespass. Solicitors defending these kinds of claims should also be aware of the decision as it can assist them in assessing the likely compensation that a successful plaintiff might receive if the matter were to proceed to a court hearing.

Keywords

civil law, damages, liability, medical negligence

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