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...
Enore Panetta
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...
Panetta McGrath Lawyers announces two promotions for the new year
Panetta McGrath Lawyers is pleased to announce the promotions of David McMullen to Principal Lawyer – Practice Leader, Commercial and Natalie Zurita to Special Counsel. The promotions take effect 1 January 2021. David McMullen practises in commercial and property law...
Observations from the 2019/20 Aphra annual report
These are some of the figures that have been noted in Ahpra’s annual report, published recently. No further action was taken for the same percentage of notifications in 2019/20 as it was in 2018/19. No further action was taken in 86% of paramedicine matters, followed...
Development of Public Interest Ground in immediate action – some observations from recent cases
Legislative changes in August 2018 included the introduction of the Public Interest Ground to compliment the existing grounds of when immediate action may be taken - because of a practitioner’s ‘conduct, performance or health’ they pose a serious risk to persons and...
Case summary | Parens patriae – Court permits chemotherapy for child where parents decline to consent
The key issue Whether the Supreme Court of NSW should make orders which would permit the Hospital to administer proposed chemotherapy to a young boy in the face of his parents not being prepared to consent to that treatment. The background The defendant is two...
Case summary | Unsuccessful appeal by patient who suffered further stroke after receiving treatment in hospital
The key issues Whether it was negligent of the hospital and treating doctor to administer the treatments; and Whether the treatments caused the further strokes that damaged the right side of the appellant’s brain and caused left-sided disabilities. The background The...