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Tribunal referrals, civil claims, and regulatory intent in medical negligence matters
Description
The recent referral of a former Melbourne-based gynaecologist to the Victorian Civil and Administrative Tribunal raises interesting questions about how seriously regulators are treating allegations of professional misconduct, the intersection or conflict between regulatory tribunal referrals and civil claims, and the role of lawyers operating in this space.
In this episode of The Lawyers Weekly Show, host Jerome Doraisamy welcomes back Arnold Thomas & Becker principal solicitor and head of medical negligence Emily Hart to discuss how busy it has been for medical negligence lawyers in 2026 thus far, proceedings being brought against a former gynaecologist in Melbourne for alleged professional misconduct, the complaints being lodged with Hart's firm about that individual, the difference between a regulatory tribunal referral and a civil claim, if anything prevents concurrent proceedings, whether one proceeding could or would adversely impact the other, why individual claims can be preferable to a class action, how seriously regulators are treating tribunal referrals right now, and what the implications are for medical negligence lawyers moving forward.
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