The Plaintiff presented to the Campbelltown Hospital ED on 21 August 2015 with a non-functioning colostomy and abdominal pain, having undergone a Hartmann’s procedure for perforated sigmoid diverticular abscess in October 2014. The Plaintiff was admitted, found to...
Emma Jack
Case summary | Dentist suspended after treating women with intellectual disabilities
The background In one weekend, Dr Trijo examined and treated (under general anaesthetic) five women with intellectual disabilities who resided in a Supported Residential Service. These patients were unable to communicate and required a ‘person responsible’ to make...
Case summary | Plaintiff denies consent for muscle biopsies
The background The Plaintiff had symptoms of proximal muscle wasting of the lower and upper limbs associated with muscle weakness and she was referred to the Neuromuscular Clinic at Royal Prince Alfred Hospital (Hospital) for review and management. The Plaintiff...
Case summary | Nurse sues for damages after emergency department assault
The background The registered nurse (RN) was a government employee working at Cairns Base Hospital (Hospital) on the evening of 19 January 2014 when an intoxicated patient assaulted him. The RN had removed a blanket from the patient, the patient had stood up and...
Case summary | Nurse disciplined after showing colleagues a video containing child sexual exploitation
It was agreed that the video was sent to the nurse in a WhatsApp group called ‘Christ is Coming Soon’ with the caption “be careful who you leave your kids with”. The nurse gave evidence that she went to the police station to report the video at the time, but was told...
Case summary | National Home Doctor Service successfully quashes Professional Review Services decision
The National Home Doctor Service (NHDS) successfully brought an application to set aside the Director of the Professional Services Review’s (Director) decision to set up and refer to a Committee (pursuant to section 93 of the Health Insurance Act 1975) regarding the...
Applicants successful in pelvic mesh implantation devices class action
Key points The law does not require goods to be completely free from risk, but it does require manufacturers and suppliers to disclose those risks to the prospective consumer and to continually evaluate and advise of their safety. Manufacturers of medical devices...
Impaired practitioners: not automatically precluded from practice
Key issues In DYB v Medical Board of Australia [2019] NSWCATOD 162, the Tribunal considered the concept of “impairment” for practitioners and its application under the National Law. The decision confirms that with appropriate medical support many practitioners with an...
Heparin injection causing nerve injury sounds in damages of $250K
On 11 August 2014, the Plaintiff underwent an abdominoplasty (tummy tuck) and subsequently required subcutaneous injections of heparin twice daily. The first heparin injection was administered by a female nurse who “pinched” the Plaintiff’s left thigh and administered...
Radiographer’s indecent assault leads to criminal conviction and disqualification
In March 2017, Patient A was admitted to hospital reporting difficulty breathing and chest pain. While alone in the X-ray room with Patient A, after making inappropriate comments about her breasts, the radiographer touched and squeezed Patient A’s right breast for...