This reporting requirement will also be embedded into hospital accreditation standards by 2030, in partnership with the Australian Commission on Safety and Quality in Health Care. The mandatory reporting measure is part of a wider regulatory package designed to...
Gemma McGrath
High Court says Sharman v Evans has been misunderstood
Key Legal Principles In Stewart the High Court reaffirmed the compensatory principle of tort law: that damages should, so far as money can do so, restore the injured party to the position they would have been in had the tort not occurred. The Court highlighted that...
Watch this space – High Court grants special leave to consider future costs of care
The facts of Michael Stewart by his litigation guardian Carol Schwarzman v Metro North Hospital and Health Service are available in our earlier blog post (linked). In summary the health service admitted that as a consequence of his treatment at the hospital,...
Coroner recommends Health Service implement culturally safe practices when treating Indigenous Australians
Dougie Hampson was a 36-year-old Kamilaroi/Dunghutti father of eight who died from perforated stomach ulcers after being misdiagnosed with cannabinoid hyperemesis syndrome, despite lacking key symptoms of nausea and vomiting. He was discharged after 19 hours without...
New privacy laws for Western Australia’s public sector on the way
Overview of the PRIS Bill Privacy Framework The PRIS Bill introduces a framework to protect the privacy of personal information managed by public entities, ministers, parliamentary secretaries, and contracted service providers[i]. The framework is grounded in the...
The fallibility of memory – why good clinical notes can be the best defence to a claim
The decision involved Mr Ronan Boothman (the Plaintiff) who commenced proceedings against his chiropractor, Dr Christopher George (the Defendant). After straining his back whilst surfing, the Plaintiff attended upon the Defendant for treatment, which he alleged was...
Unpacking the Disability Royal Commission
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability An inquiry into what governments, institutions and the community should do to prevent and better protect people with disability from experiencing violence, abuse, neglect and...
Inherent Risks and Peer Professional Opinion in the Bariatric Surgery considered in Polsen v Harrison (No.8)
Facts On 22 July 2013, the Plaintiff underwent a surgical procedure performed by the Defendant to manage her morbid obesity. Following the operation, the Plaintiff suffered from a gastric leak, necessitating her return to the operating room for a laparoscopic washout...
Guardianship and Administration Amendment (Medical Research) Bill 2023
This statutory review has now been completed and the Final Report was tabled in Parliament on 22 February 2023. The Final Report recommended two substantial amendments to the existing legislation. The first being to expand the scope of the legislation to include a...
Avoiding an Ahpra complaint – Tips to minimise the risk
Receiving a notice from Ahpra is extremely stressful for practitioners, not just because of the potential impact on reputation and career prospects but it can also cause practitioners to second guess their capabilities. Here are some simple tips for controlling what...