What We Do
Makinson d'Apice acts for NSW local health districts, health organisations, insurance companies, private hospitals, medical practitioners and other health professionals in all areas of health law.
Our lawyers are actively involved in various classes of claims and have an appreciation of the current medico-legal landscape and of emerging risks in health law. Our team provides strategic advice in relation to unlitigated and litigated health claims.
We have an excellent understanding of the NSW health system and of the policies, legislation and practicalities which impact upon that system. We also have an in-depth understanding of the health industry in general. Our many long-term, stable client relationships are a reflection of the depth of our experience and our capacity to provide tailored, expert advice.
Our Areas of Expertise
Medical negligence claims defence
We are experienced in all areas of clinical and medical negligence claims including failure to warn, delayed or incorrect diagnosis, surgical / medication errors, claims involving catastrophic injury and claims arising out of mental health care. These may be individual personal injury claims or multiple nervous shock claims and compensation to relatives claims following the death of a family member.
Coronial proceedings and inquiries
We regularly receive instructions to act for institutions and individuals in government inquiries, coronial investigations and inquests. We have many members of staff with deep experience in this field.
We act for health professionals in a variety of different jurisdictions, including in matters before the Occupational Division of NCAT. We can assist clinicians to navigate the various professional conduct pathways (disciplinary, health and performance). Our lawyers understand the HCCC processes (from Assessment, through to Investigation and Prosecution) and Medical Council of NSW processes (including Professional Standards Committee hearings, urgent cases pursuant to s150 of the HPRNL (NSW), and management / assessment of impaired practitioners). We have administrative law specialists, with experience enforcing respondents’ rights to procedural fairness and identifying areas for judicial review.
General liability claims
Our team has vast general liability experience (including in clinical and health settings) ranging from slips and trips to fatalities and catastrophic injuries.
Intentional tort claims – We are experienced in intentional tort claims spanning assault, unlawful detention and malicious prosecution.
We advise on privacy policies dealing with clinical/patient service records, personnel records, and corporate administration records. We assist in identifying how agencies are to comply with privacy protection and privacy principles.
We represent our clients in sexual, elder and other abuse claims.
We act for a range of government, religious and private clients to either prosecute or defend claims of defamation or malicious falsehood. Our experience enforcing rights to procedural fairness and identifying areas for judicial review adds value to our representation of our clients.