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...
Enore Panetta
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...
COVID-19 | Telehealth and managing medico-legal risks
The new telehealth arrangements are a vital measure so that patients can access care without increasing their risk of exposure to, or spreading, the coronavirus. However, while telehealth may seem more informal compared to a physical consultation, it is important that...
Case update | Practitioner’s unsatisfactory professional conduct in medico-legal assessment
It was alleged that while the practitioner and the patient were in the consultation, the practitioner failed to observe appropriate professional boundaries in that he made inappropriate personal disclosures to the patient about himself and his family. These included...
Case update | Psychiatrist struck off for posting “bizarre” rants on website
It was alleged that between January 2018 to March 2019, the psychiatrist authored a blog on his practice website which discussed bizarre beliefs about global conspiracy theories and other disturbing matters which had the potential to expose his patients to real risk...
Hospital negligent for discharging patient without diagnosis of acute aortic dissection and causing death
Case background In October 2013, Mr Boxell experienced chest pain and was taken to the emergency department at Frankston Hospital (‘the Hospital’). Following examination, observation and investigation, no cause for Mr Boxell’s pain was found, and he was discharged...
WASAT provides clarity over meaning of ‘mental disability’
Key issue Whether FY suffered from a mental disability and whether by reason of that mental disability, is FY unable to make reasonable judgments regarding her estate. Background FY applied for review of a Tribunal decision which declared her unable, by reason of...