For many decades Meredith Connell has been involved in medico-legal work. The firm’s medico-legal and public liability team co-ordinates and consolidates this expertise.
Deborah Marshall and Anna Adams lead a dedicated and innovative team with a passion for the health sector and a commitment to providing our clients with a quality expert service. The team provides litigation representation and advice on a wide range of medico-legal issues, including public and individual health matters, actions on behalf of hospitals, disciplinary proceedings, commissions of inquiry, coroner’s hearings, mental health hearings, judicial review actions and privacy and official information issues. Our particular experience lies in dealing with matters of high sensitivity or urgency, both before the Courts and in an advisory capacity.
The team is also involved in civil litigation of public liability issues (ranging from tort and negligence defence through to statutory compliance and judicial review) and conducts prosecution in the medicines and accident compensation fields. Members of our medico-legal group are accomplished litigators with significant experience in dealing with courts and tribunals of all varieties.
The medico-legal and public liability team works closely with the civil and commercial teams to ensure we provide a full range of services to health providers and public entities. Collectively, these teams are able to:
• provide specialist litigation experience in all New Zealand courts and tribunals;
• provide legal advice relating to any medico-legal or public liability issue;
• assist in drafting contractual agreements; and
• advise on compliance with statutory and public law obligations, particularly in the health sector.
Examples of our work
Litigation/Advice
Josko Sestan v Director of Area Mental Health Services Waitemata District Health Board (leading case on detention in the mental health context and interpretation of the Mental Health Act).
Auckland AHB v Attorney-General (leading case on discontinuance of life support and “good medical practice”); Baby L case (when the life of an infant can be discontinued); D-G of Social Welfare v L (orders for medical treatment where the consent of parents refused).
Ellis v Counties Manukau District Health Board (significant decision on a civil claim by a mental health patient in relation to treatment received prior to his release and killing of his father).
Representation of ACC in a multi-claimant review of decisions on cover, brought by a group of forestry workers for exposure to industrial chemicals at timber mills.
Obtaining orders preventing harassment of employees in the health and public sectors.
Representation of numerous health and public organisations in judicial review proceedings.
Representation of Watercare Services Limited, Auckland’s water provider, in litigation over water quality issues.
Waitemata Health & H v Mental Health Review Tribunal & Attorney-General (leading case on mental disorder definition).
Opinions to District Health Boards on elective caesareans, mental health treatment, ineligible patient treatment, discontinuance of life support, process obligations in decision-making and many other medico-legal and public law issues.
Disciplinary proceedings in the Human Rights Review Tribunal, the Health Practitioners Disciplinary Tribunal (and its predecessors) and other tribunals, both on behalf of complainants and providers.
Acting as legal advisors to Professional Conduct Committees convened by health profession registration bodies (such as the Medical Council) to investigate complaints concerning the conduct of health professionals.
Advising and representing the Health and Disability Commissioner.
Numerous inquests representing Police, hospitals and other Government bodies.
Obtaining orders under the Protection of Personal and Property Rights Act.
Commercial
Acting for a group of ENT specialists to acquire and redevelop a hospital facility in Auckland.
Advising a group of general practitioners on the redevelopment of their existing medical facility.
Advising a government entity in relation to contractual obligations arising out of ongoing negotiations with a developer of a rest home.
Advising on leasing arrangements for medical facilities including consideration of the medical tenants’ specialist requirements.
Team members
