Key issues In this case, the Court of Appeal was required to determine whether the trial judge had erred in finding that hospital’s medical practitioners had requisite expertise to provide treatment advice; in finding loss was no more than loss of a mere chance of...
Key issues In this case the Court was required to determine whether the Plaintiff’s stroke symptoms progressed despite, not because of, the administration of thrombolysis treatment. The case highlights the difficulty of demonstrating causation in medical negligence...
Key issues In DYB v Medical Board of Australia [2019] NSWCATOD 162, the Tribunal considered the concept of “impairment” for practitioners and its application under the National Law. The decision confirms that with appropriate medical support many practitioners with an...
David McMullen from Panetta McGrath and Chris Nicoloff from Bentleys (WA) teamed up this week to present a multidisciplinary discussion centering on the new Standard 8 - Organisational Governance. The session was well represented by members of the aged care sector. We...
On 11 August 2014, the Plaintiff underwent an abdominoplasty (tummy tuck) and subsequently required subcutaneous injections of heparin twice daily. The first heparin injection was administered by a female nurse who “pinched” the Plaintiff’s left thigh and administered...
In March 2017, Patient A was admitted to hospital reporting difficulty breathing and chest pain. While alone in the X-ray room with Patient A, after making inappropriate comments about her breasts, the radiographer touched and squeezed Patient A’s right breast for...
On 4 July 2019, Berrington Care Group Pty Ltd and Berrington Group Pty Ltd went into voluntary administration. Berrington is a well-known provider of residential aged care to the premium end of the Perth market, and its voluntary administration has attracted...
The complaint concerned a circumcision undertaken by Dr Al-Naser on 6 September 2018 on a five month old male patient (the Circumcision), and the follow up care on 6 and 7 September 2018. The Patient experienced some bleeding and was subsequently admitted to Hospital...
The Aged Care Amendment (Movement of Provisionally Allocated Places) Bill 2019 (Bill) was introduced into the House of Representatives on 24 July 2019. The Bill proposes to amend the Aged Care Act 1997 (Act) to enable the Secretary of the Department of Health (or...
The Supreme Court of Victoria has dismissed an appeal by the Medical Board of Australia (Board) against the decision of the Victorian Civil and Administrative Tribunal (VCAT) to overturn its decision to suspend a medical practitioner’s registration by way of immediate...