Malcolm Smith

Background

About Malcolm Smith

I am a recognised expert in the field of health law and have an extensive body of peer-reviewed publications in the field of health law, torts, and bioethics, including publications in leading national and international journals. I am admitted as an Australian lawyer. In addition to my academic role, I have also worked as a Senior Advisor in the Health Litigation team at Corrs Chambers Westgarth Lawyers, Brisbane. My professional experience encompasses medical negligence and health law advisory work in a defendant setting. I have also worked for the National Health Service (NHS) in the UK, as a claims manager. Based in London, I worked in the legal team for a major tertiary hospital trust, where I was responsible for claims across three major hospital sites in London, including the management of medical negligence, public liability, and employers’ liability claims. I am an Associate Professor at the Griffith Law School where I research and teach in the field of health law and torts, as well as teaching contract law. I commenced my role at Griffith University in the Medical School as the academic lead for law, ethics, and professional practice in the medical program. Since joining the Law School in 2019, I have contributed to the School's executive through service in the role of Program Director for the undergraduate law and the Juris Doctor programs, and I am currently the Higher Degrees by Research Convenor for the Law School. A key theme of my research is the issue of how law can safeguard vulnerable persons, including an analysis of the underlying bioethical perspectives relevant to these areas of the law. My research focuses on: • the regulation of reproduction, particularly assisted reproductive technologies; • children and consent (including parental decision-making); • medical negligence liability; • the legal and regulatory frameworks that impact upon the delivery of healthcare and support of persons with diabetes; and, • decision-making in the context of health care including substitute decision-making and end-of-life decisions.