The Background Virginia Weekes was a 70-year-old woman who died at home on 4 April 2020. She had undergone a colonoscopy in December 2019 (with excision of two benign polyps and discovery of mild internal haemorrhoids), and an operation for a femoral hernia repair...
Emma Jack
Significant Changes to the Health Practitioner Regulation National Law
The Background The National Law is enacted individually by each State and Territory in parallel (or very similar terms) to achieve uniformity across Australia for the regulation of registered health professionals. In February 2022, following public consultation, the...
Case Summary| Inadequate reasons for decision leads to retrial in orthopaedic case
The Background At trial, the Plaintiff (Mr Chester) claimed that in 2009 the WA Country Health Service (WACHS) was negligent in failing to treat him as having suffered a dislocation of his acromioclavicular joint (rather than subluxation) and failing to make or...
Case Summary | False vaccination exemptions leads to 6 year disqualification
The Background Dr Piesse accepted liability for five serious allegations, namely: Signing 149 false immunisation exemption certificates for unvaccinated children between January and August 2017 in circumstances where he knew they did not meet the statutory criteria...
Case Summary | Suspended final year medical student unable to complete studies
The Background Mr Hyland, a final year medical student, had his registration suspended by the Medical Council of NSW (Council) in August 2021. The Council had received a notification that Mr Hyland had been charged with multiple domestic violence and common assault...
Case summary | Federal Court challenge to Professional Services Review dismissed
The key issues Dr Karmakar challenged the validity of each stage of the PSR process and sought: a declaration that the decision by a delegate of Medicare (the Delegate) to ask the Director of PSR Agency (the Director) to review her practice was invalid; a declaration...
Case summary | Surgical hardware and infection – to leave (in-situ) or not to leave?
The key issues Whether the respondent had breached his duty of care in failing to remove all hardware from the appellant’s ankle in or around 2010. Whether the alleged breach of duty was causative of the appellant’s subsequent ankle infection in 2017. The background...
Case summary | Urgent declaration granted for mother to consent to medical treatment of her child’s gender dysphoria
The key issue Whether the Court could issue a declaration that the mother of child “A” (the Applicant) could provide valid consent to Stage 1 puberty blocking medical treatment for “A” without the requirement to obtain the consent of “A”’s father. The background “A”...
Case summary | GP successful in appealing immediate action suspension pending rape trial
The key issue Whether, and if so what, immediate action should be taken against Dr Kelvin Vo, following an allegation made to police and notified to the Medical Board of Australia (Board) that he engaged in inappropriate sexual conduct with a male patient during a...
Case summary | Plaintiff given leave to proceed direct against MDO
The NSW District Court granted leave for a Plaintiff to join the defendant’s medical indemnity organisation as a named second defendant. The key issue Whether there was an arguable case that the insurance policies held by the defendant would respond to the plaintiff’s...