The end of 2019 saw three medical negligence judgments handed
down by the Supreme Courts of New South Wales and Victoria, and the
Western Australian Court of Appeal. Central to all three was a
consideration of the correct standard of "Competent
Professional Practice" (CPP).
The cases reveal that the law around this area remains uncertain
in parts. The use of CPP as an appropriate standard is based on
three different statutes. It highlights potential issues with the
piecemeal, state-based tort reforms to the common law across
Australia. This article will briefly summarise the three cases,
look specifically at two issues around CPP; the question of whether
"a practice" needs to be identified and the issue of
irrational/unreasonable practice and provide some tips for
healthcare practitioners when faced with a potential claim.
