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...
Enore Panetta
Medical negligence rotator cuff injury claim fails
The plaintiff’s arm had been dislocated by a horse bite. The plaintiff alleged that the defendants each breached their duty of care to her by failing to order imaging to identify a rotator cuff injury, failing to refer her to an orthopaedic specialist, and failing to...
Patient unsuccessful in negligence claim against GP for alleged failure to refer for specialist medical treatment earlier
Background Mr Elysee (‘the patient’) was a patient at Bankstown Medical Centre over a period of about 10 years. He had a complex combination of conditions and saw many doctors over that time. During the time when he was attending Bankstown Medical Centre he was...
So you’ve received a negative online review…
Google reviews and websites such as RateMD and Whitecoat make it very easy for patients or any person to damage your or your business’ reputation and credibility online. There are a few steps a doctor can take if you receive a damaging online review. For example: You...
Informed consent and usual practice of doctors
On 21 January 2013, the plaintiff jumped from the balcony of a second storey building, intending to land in the swimming pool below. Unfortunately, he missed the pool and suffered comminuted fractures to the calcaneal bones in each ankle. He was taken to the Royal...
PSR continues to recover significant payments in 2019
The first two months of 2019 has seen the Director of the Professional Services Review (PSR) enter into 9 agreements with practitioners which will result in repayments totalling $2,840,000. 5 of the 9 practitioners were general practitioners. The maximum single...
Royal Commission Into Aged Care Quality And Safety
The Royal Commission into Aged Care Quality and Safety is to examine the quality of care in residential and home care services provided to senior Australians, as well as to younger persons with disability who are living in residential aged care. The calling of the...
Hospital, obstetrician sued for negligence after stillbirth of baby
Background On 13 January 2011, KS was admitted to Calvary Private Hospital. She was a patient of Dr Foote, an obstetrician and gynaecologist, and was pregnant with her first child. By 13 January 2011 the baby was one week overdue and it had been agreed that KS would...
Peer professional opinion and irrationality
In South Western Sydney Local Health District v Gould [2018] NSWCA 69, the NSW Court of Appeal overturned the District Court decision in which the appellant had been found liable in negligence for the treatment of an 8 year old boy’s open fracture to his left thumb –...
Notifiable Data Breach scheme commences
From 22 February 2018, the Notifiable Data Breaches (NDB) scheme will apply to all agencies and organisations with existing personal information security obligations under the Privacy Act 1988 (Privacy Act). All private sector health and aged care organisations are...