Strategically Pleading Intentional Torts in medical cases

Cockburn, Tina & Madden, Bill (2015) Strategically Pleading Intentional Torts in medical cases. Precedent, 130, pp. 32-38.


The opportunities and challenges faced by litigants who strategically plead intentional torts are borne out by two recent medical cases. Both arose out of dental treatment. Dean v Phung established some key principles which were clarified in White v Johnston. Before considering those two cases it is worth examining the environment in which such intentional torts claims now exist.

Following the Ipp Review of the Law of Negligence, non-uniform legislative changes to the law of negligence were introduced across Australia which have imposed limitations on liability and quantum of damages in cases where a person has been injured through the fault of another. While it seems that, given the limitation of the scope of the review and recommendations to negligently caused damage, the Ipp Review reforms were meant to be limited to injury resulting from negligent acts rather than intentional torts, the extent to which the civil liability legislation applies to intentional torts differs across Australia.

Impact and interest:

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ID Code: 90943
Item Type: Journal Article
Refereed: No
Keywords: intentional torts, pleading, medical law, medical litigation
ISSN: 1449-7719
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Deposited On: 03 Dec 2015 03:19
Last Modified: 06 Dec 2015 08:35

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