Facts In the evening on 25 December 2017, the plaintiff presented to the Emergency Department at the Hospital. The plaintiff had central chest pain associated with shortness of breath and nausea. Blood tests and a chest X ray were done. Later that evening the...
Enore Panetta
Case Summary | Failure to follow up referral held to be a breach of duty
The Background Dr Sorough Ziaee was ordered to pay damages to his patient, Mr Michael Rubino after he failed to adequately follow up after a referral to a surgeon in the public system in the ACT. Mr Rubino consulted Dr Ziaee at first in July 2013, in relation to the...
Major review of cosmetic surgery industry announced
The review will be led by the outgoing Queensland Health Ombudsman Andrew Brown and will consider the current risk-based regulatory framework of AHPRA and National Boards and examine the current codes of conduct, the notifications and investigations protocols and the...
Case summary | Doctor suspended for romantic relationship with patient 20 years his junior
The background The complaint alleged that throughout March 2017 to August 2017, the practitioner failed to maintain proper professional boundaries by entering into a romantic and personal relationship with the patient, which included: calling her approximately 85...
Recalibrating telehealth risks
Since March 2020 (and, at the time of writing, continuing at least until the end of the year) temporary telehealth items have been made available on the Medicare Benefits Schedule in response to COVID-19. Whether due to pandemics or as a product of new and evolving...
Case summary | Doctor found guilty of professional misconduct over death in custody
Agreed facts On 3 August 2021, Ms Dhu was taken to an emergency department complaining of rib pain and shortness of breath while in police custody. At triage, she was found to have a rapid pulse, was dehydrated and was ‘warm’ and ‘agitated’. She was triaged to be seen...
Case summary | Court approves settlement of claim where infant plaintiff allegedly contracted TB
It was alleged in the proceedings that the doctor breached his duty of care in that he failed to provide any or any adequate advice or guidance concerning the risks of contracting TB in Vietnam and the benefits of, or need for, appropriate vaccinations before...
Case summary | Pelvic mesh judgment upheld on appeal
The Full Court of the Federal Court upheld the lower court finding that the supplier was negligent in failing to warn prospective users of material risks. Other findings in the judgment related to consumer law issues. To read the decision in Ethicon Sàrl v Gill [2021]...
Panetta McGrath Lawyers announces office move
We are excited to announce that as of 2 March 2021, Panetta McGrath Lawyers' offices will be moving from West Perth to Level 5, 179 St Georges Terrace, Perth. Our relocation into the Perth CBD presents significant opportunities for our team and clients. The new...
Panetta McGrath Lawyers and O’Sullivan Partners to join forces
We are pleased to announce that Leanne Bishop, Colin O’Sullivan and their team will be joining Panetta McGrath Lawyers from 1 April 2021. Colin and Leanne have significant insurance law and litigation experience and are recognised as leading defendant motor vehicle...