On 3 March 2011 the Respondent took immediate action against Dr I to suspend his registration pursuant to s.156 of the National Law. The Doctor appealed the decision and sought to have it set aside. It was submitted by the Appellant that in making its decision the...
The relevant facts were as follows: The Respondent (Plaintiff) had a mechanical heart valve inserted and, following the operation, she was required to take an anticoagulant medication for the rest of her life. The Respondent was prescribed warfarin and as a...
Relevant Facts The relevant facts of the case were as follows: On 6 May 2002, the plaintiff’s elder sister was diagnosed with chickenpox. Later that day, Mrs King, who was pregnant with the plaintiff, presented to the Hospital with vaginal bleeding, back pain and...
Relevant Facts The relevant facts of the case were as follows. In November 2006 Mr Keith Evans was diagnosed with lung cancer. Mr Evans smoked between 20 and 35 cigarettes a day for approximately 40 years up to 1991. He also experienced occupational exposure to...
Relevant Facts The relevant facts of the case were as follows. Between 2005 and 2007, the Medical Board of Western Australia (the Board) commenced 13 actions against a medical practitioner in which it was alleged that he was guilty of professional misconduct in...
Relevant Facts The relevant facts were as follows: The appellant was six years old when she was readmitted to hospital on 11 January 1991 with symptoms of vomiting and headaches. She had recently suffered from chickenpox. The respondent diagnosed the appellant as...
Relevant Facts The relevant facts of the case were as follows: Brightwater Care Group (Inc) ("Brightwater") provides residential care for people with disabilities. Mr Rossiter ("Rossiter") was admitted to one of Brightwater's facilities on 4 November 2008. Since 4...
On 1 December 2008, the Medical Practitioners Act 2008 (‘‘the Act’’) came into force in Western Australia. The Act replaces the Medical Act 1894 and significantly alters the law governing the practice of medicine in the State. Two areas of significant change which...
The single judgment of Justice McDougall sets out in clear terms the relevant factors to be considered by a court when assessing the validity of a person’s purported refusal of medical treatment through the means of an "advance care directive".The facts of this...
Relevant Facts The relevant facts of the case were as follows. A then six year old girl was admitted to hospital on 28 December 1990 with a history of headaches and vomiting since about 18 December 1990. At this time, the girl was in the incubation and prodromal...