Posted on 14 Aug 2017
Senior Slater and Gordon lawyer Janine McIlwraith has been educating the Australian legal fraternity on the intricacies of medical liability for almost a decade.
This month, Ms McIlwraith – in conjunction with Bill and Benjamin Madden – released the third edition of Australian Medical Liability, which provides a comprehensive look at medical law in the context of civil liability legislation for students, legal staff, medical professionals and the judiciary.
Ms McIlwraith, who has more than 15 years’ experience working in medical negligence law, said that while the first edition focused predominantly on law students, the second and third instalments have also been aimed at legal practitioners.
The two preceding books have been hailed by members of the Australian judiciary, as evidenced by the new edition’s Foreword, which was penned by NSW Supreme Court Justice the Hon Julia Lonergan and NSW District Court Judge the Hon Leonard Levy.
“This work will continue to provide conveniently reliable guidance and relevant information to the judiciary as well as to teachers, practitioners and students in the field of law, medicine and related disciplines,” they write.
“Fortunately for the readership of this edition, the authors have uncompromisingly continued to build up on the very high standard of scholarship evident in the two earlier editions.”
Ms McIlwraith said the third edition included new chapters discussing confidentiality, expert evidence, professional conduct and coronial processes.
“This edition has been thoroughly revised and expanded,” Ms McIlwraith said. “It continues to provide commentary on the civil liability regime including a detailed analysis of duty, breach and causation issues and to provide discussion on influential and leading cases."
“It is intended as a practical reference for legal practitioners working in the medical negligence arena. It is also hoped that it will continue to be a valuable source for law and medicine students studying medical law.”
After spending almost a decade working as a radiation therapist in Sydney, Ms McIlwraith was admitted to the Supreme Court of NSW in 2001, and is now based out of Slater and Gordon’s Melbourne office where she achieves a balance between the practical and theoretical sides of the law.
She is also the General Editor of the Civil Liability Bulletin (LexisNexis) and has extensive experience in surrogacy law and the National Disability Insurance Scheme.
“While writing and updating these books can often be a mammoth task, I really do enjoy it as it gives me the chance to focus on the academic side of the law that I don’t get access to in practice,’’ Ms McIlwraith said.
Slater and Gordon's General Manager across Personal Injury Law in Victoria, Dina Tutungi, said the law firm was extremely proud of the amazing work carried out by Ms McIlwraith in both representing her clients and contributing to the advancement of medical law in this country
“By developing these texts, she really has led the way in what is an important area of law.”