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Tortious Conduct
A ‘tort’ is a civil wrong that results in harm or loss of some kind to the claimant. Remedies are civil in nature, meaning damages (often in the form of monetary payment). Common torts include negligence, defamation, battery/assault, trespass, and proprietary torts such as conversion.
Most tortious conduct occurs in the private sphere (person taking action against another person). However, conducting litigation against public authorities (e.g., New South Wales Police) is our specialty. At Legalbit, we specialise in civil litigation with respect to tortious conduct (both against private citizens and public authorities) and medical negligence claims.
Unlawful Arrest
Where the police arrest a person in the absence of reasonable suspicion, or use excessive force in executing the arrest, the arrest may be unlawful. In this case, damages for the wrongful arrest and any subsequent actions (such as assault, false imprisonment, refusal of bail) may be compensable.
If you suspect you have been wrongfully arrested, Legalbit lawyers can provide advice on whether your arrest was lawful or not, and the prospects of success upon a civil claim for damages against the New South Wales Police Force.
Medical Negligence
In New South Wales, any medical procedure may only be administered with the fully informed and freely given consent of the patient, and that the person giving consent has the capacity to consent. Doctors have a duty of care to their patients to only perform medical procedures after obtaining fully informed and freely given consent.
Adults (persons over age 14) may make decisions to:
- Undergo medical procedures
- Partially undergo medical procedures
- Refuse or withdraw consent to treatment, even if this may lead to their death or permanent damage to their health.
Capacity
Adults are presumed to have the capacity to consent, however, children under the age of 14 or persons with mental disabilities or under the influence of alcohol and/or drugs are not capable of consenting. A person is capable of consenting when they can understand the facts involved in the medical procedure, weigh up the consequences of the decision and communicate their decision effectively to the treating physician.
Consent
An adult gives consent when it is given free of undue pressure or coercion, in circumstances where the adult is fully informed of the benefits and risks of the medical procedure. Fully informed means all material risk has been disclosed before a decision has been made on proceeding or abstaining from the administration of the medical procedure.
Vaccines
Vaccines fall within the definition of a ‘medical procedure’. If you have suffered an injury as a result of being misinformed of the benefits and risks of taking a vaccine, especially the experimental COVID-19 vaccines, we at Legalbit can provide advice regarding your options and whether your claim has a chance at succeeding against the doctor or physician who administered the vaccine.
If you have suffered damage as a result of tortious conduct, it is important to seek advice and compile evidence quickly. The limitation period on taking legal action is three years from the date of injury.
