Bill Madden

Overview

Bill Madden holds the position of Special Counsel with Carroll & O'Dea Lawyers. He is a frequent writer and speaker on civil liability issues with his particular interests including health & medical law, intentional torts, institutional abuse and the application of technology in the practices of medicine and law.

Bill is a Fellow of the Australian Academy of Law, an accredited mediator and an editorial board member for two Lexis Nexis publications, Australian Health Law Bulletin and Australian Civil Liability. He is the co-author of four books:

• Institutional abuse of children: Legal remedies and redress in Australia, Lexis Nexis.
• Health Care & the Law, 6th edition, Thomson Reuters
• Australian Medical Liability, 3rd edition, Lexis Nexis
• The National Disability Scheme Handbook, Lexis Nexis

In addition to his teaching role at Melbourne Law Masters, Bill is an Adjunct Fellow with the school of law and the school of medicine at Western Sydney University and an Adjunct Professor with the Australian Health Law Research Centre at the Queensland University of Technology.

His recent co-authored peer reviewed publications include:

• When patients behave badly: Consent, breach of the duty of care and the law; Emergency Medicine Australia.
• Vaginal Dialogues: The Trials and Tribulations of Mesh in the Repair of Prolapse (2020) 27 Journal of Law and Medicine 618.
• In the Footsteps of Teiresias: Treatment for Gender Dysphoria in Children and the Role of the Courts. (2019) 27 Journal of Law and Medicine 149.
• Wrongful Birth Children and Assessing Damages for Costs of Care: Australian and British Jurisprudence Compared. (2018) 44 Monash University Law Review 198.
• Expert witness immunity in Australia after Attwells v Jackson Lalic Lawyers: A smaller and less predictable shield. (2017) 24 Journal of Law and Medicine 628.
• Conclaves and concurrent expert evidence: a positive development in Australian legal practice? (2016) Medical Journal of Australia 204 (2): 82-83.
• Adapting to concurrent expert evidence in medical litigation, (2015) 22 Journal of Law & Medicine 610.
• Full compensation no longer sacrosanct: Reflections on the past and future economic loss 'cap' for high income earners. (2012) 20 Torts Law Journal 90.
• Property rights in and entitlement to possession of sperm following death, Journal of Bioethical Inquiry, (2011) Volume 8 Number 4, page 324.
• Liability of hospitals and health care facilities for sexual assaults, Journal of Bioethical Inquiry, (2011) Volume 8 Number 2, page 114.
• Recent Developments: Orders to Submit to Medical Procedures including Genetic Testing, in Litigation: Balancing the Rights, Journal of Bioethical Inquiry, (2011) 8:8-11.
• Proof of causation in informed consent cases: Establishing what the plaintiff would have done, Journal of Law & Medicine, (2010) 18 JLM 320.