In David McMullen's recent article, Could a patient's super pay for their dental treatment?, David shares his insights on: Early access to superannuation on compassionate grounds for medical treatments including dental. Dentist's role in certifying applications for...
David McMullen
Royal Commission and open disclosure hot topics at ACSA WA symposium
David provided a legal analysis of the Royal Commission’s Interim Report and Gemma joined Ray Glickman (Principal – From Left Field) and Wendy Barrett (Advocate Team Leader – Advocare) for a panel discussion on open disclosure. Here we share our top 5 takeaways on...
Quality of Care Principles – current attempts to minimise use of restraints in aged care
The Quality of Care Principles under the Aged Care Act 1997 were amended with the aim of minimising the use of physical and chemical restraints in residential aged care, effective 1 July 2019. The amendments came in a climate of adverse media coverage (notably, images...
The AMA 10 Minimum Standards for Prescribing
The AMA has released its new 10 Minimum Standards for Prescribing to ensure patient safety and high-quality health care. The AMA’s new Prescribing Standards are consistent with medical ethics and frameworks for the quality use of medicines, and were developed to make...
Mere chance or possibility to have achieved a better outcome insufficient for appeal
Key issues In this case, the Court of Appeal was required to determine whether the trial judge had erred in finding that hospital’s medical practitioners had requisite expertise to provide treatment advice; in finding loss was no more than loss of a mere chance of...
Individuals and small businesses protected against unfair contract terms
The ACL is found in Commonwealth legislation and also applies as a law of Western Australia by operation of the Fair Trading Act 2010 (WA). This article by David McMullen outlines what constitutes an unfair contract term, who the laws apply to and what happens if a...
Panetta McGrath Lawyers and Bentleys (WA) share insights on the new Standard 8 in aged care
David McMullen from Panetta McGrath and Chris Nicoloff from Bentleys (WA) teamed up this week to present a multidisciplinary discussion centering on the new Standard 8 - Organisational Governance. The session was well represented by members of the aged care sector. We...
Are you a health care practice looking to review or renew a lease?
You should consider these factors when looking to lease new premises or when a lease of existing premises is up for renewal. For some top tips, please click on the image below to download a full copy of David McMullen's article originally published in the Australian...
Residents’ rights in aged care
On 4 July 2019, Berrington Care Group Pty Ltd and Berrington Group Pty Ltd went into voluntary administration. Berrington is a well-known provider of residential aged care to the premium end of the Perth market, and its voluntary administration has attracted...
Movement of provisionally allocated aged care places: The law catches up
The Aged Care Amendment (Movement of Provisionally Allocated Places) Bill 2019 (Bill) was introduced into the House of Representatives on 24 July 2019. The Bill proposes to amend the Aged Care Act 1997 (Act) to enable the Secretary of the Department of Health (or...