In March 2010, Mr Mazzella underwent a hip arthroscopy, performed by orthopaedic surgeon, Dr Al Muderis. Subsequently, the patient claimed that the surgeon performed the operation negligently, causing numbness in his genitals and decreased sexual function. Dr Al...
Health Team
GP Suspended for Slapping a Child’s Face during Consulation
The child and his mother had attended for an appointment so that the GP might try to help the child swallow his ADHD medication. The GP attempted to teach the child how to swallow the medication over a period of about 50 minutes. The child refused and fidgeted in his...
New Privacy Act Data Breach Obligations Update
Eligible Data Breaches The Act sets up a scheme for notification of ‘eligible data breaches’. An eligible data breach happens if: there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by an entity; and the access,...
GP ordered to repay $450,000 for inappropriate billing
Dr Nicholas Sevdalis maintained that he made handwritten records which he subsequently transferred to an electronic record. However, the Committee held that the handwritten documents which were tendered in evidence were not contemporaneous and were “recent...
Top 10 Mistakes To Avoid When Selling A Medical Practice
1. Not being ready Selling a medical practice is a big decision. All the more reason why you should take the time and effort to thoroughly prepare for the sale, and have all documentation ready for the handover. Failing that there may be setbacks and obstacles that...
AHPRA Annual Report for 2015/16
Highlights of the past year include: There were about 20,000 new registrants in the past year, with a total of 65,274 applications for registrations received across all professions. There was a tightening of the criminal history checking process, resulting in the...
Does a practitioner’s mental illness automatically mean impairment?
The practitioner had a long history of mental illness, with periods of hospitalisation and community treatment orders (CTO) dating back to 1998. She suffered from a serious chronic psychotic disorder characterised by paranoid delusions and disorganised behaviour. As a...
Epilepsy intervention study leads to $1.6M payout
The patient suffered from epilepsy due to an antenatal stroke. At age 21, she underwent telemetry testing to determine her eligibility for surgical intervention. The testing required her brain activity to be monitored during a seizure. Whilst under Hospital care and...
Professional Services Review Annual Report 2015-16
In 2015/16 there was an increase in the number of investigations of Chronic Disease Management and MBS Health Assessment items. Many practitioners providing high numbers of these services were found to use computer-generated templates leading to plans with minimal...
Can emails be legally binding?
What will the court look for? When determining whether or not there is a binding contract the court will look objectively at the broader context of the emails and the intention of the parties, including: whether there is any indication that the parties intended to be...