In Sparks v Hobson; Gray v Hobson [2018] NSWCA 29, the Plaintiff suffered from Noonan Syndrome, a genetic disorder that prevents normal development in various parts of the body. Due to this disorder, his ability to fill his lungs with air, and hence to breathe, was...
The Plaintiff suffered from epilepsy from six years of age. In 2010, at the age of 20, the Plaintiff underwent electroencephalographic monitoring, a telemetry testing procedure requiring sleep deprivation and the withdrawal of medication to induce a seizure to...
In February 2011, the Plaintiff was found to have a benign brain tumour. He consulted with Dr Day, a neurosurgeon, who recommended that the tumour be removed by way of endoscopic surgery. The surgery was performed without incident but shortly thereafter the Plaintiff...
In August 2012 Mr R was admitted to a high care nursing home facility, where he required assistance with all daily living tasks and was unable to mobilise independently. 31 days after his admission he was noted to have pressure sores on his heels. In November 2012,...
The NSWCA’s central inquiry in the appeal was about the appearance of the lesion when the deceased first attended his GP. Due to the inadequacy of the notes taken by the four doctors who had treated the deceased, evidence about the appearance of the lesion was...
Acting Commissioner for Consumer Protection David Hillyard advised that the investigation will examine various contracts offered by retirement village operators to see if they breach the "unfair contract terms" provisions of the Australian Consumer Law (ACL). One...
From 1 July 2017 there is an increase in the Specified Amounts set out in s.10 and s.13 of the Civil Liability Act 2002 as follows: Amount A: $21,000 Amount C: $62,500 Amount B: $7,000
The study published in the recent Medical Journal of Australia examined nursing home residents whose deaths had been reported to state coroners from 2001-2013. The study found that the incidence of premature (death which occurred sooner than necessary) and preventable...
Following review of numerous submissions from stakeholders and two public hearings, the Senate Standing Committee has found that AHPRA's failure to provide information and transparency in its complaints process has led to both practitioners and notifiers losing...
SAT proceedings were commenced by the Medical Board of Australia (MBA) against the Practitioner in late 2014 following receipt of a notification from the patient's widow in 2012. The notification related to the performance of an angioplasty procedure for the patient...