The criminal finding was a conviction relating to offences of dishonestly obtaining financial advantage by deception and making false document to obtain financial advantage. The doctor had become involved in a scheme involving doctors and lawyers to defraud insurance...
Health Team
Wondering v knowing – at what point is a cause of action discoverable?
The Background On 27 September 2018, Corey’s mother commenced an action against two radiologists and a general practitioner who provided antenatal care. In 2020 the proceedings were amended to include Corey’s father as a second plaintiff and the Victorian Clinical...
GP in strife over clinically indicated physical examination
The Background The Health Care Complaints Commission (HCCC) brought disciplinary proceedings against Dr Gao based on complaints made by Patient A. Patient A alleged that between 2 October 2018 and 29 April 2019 Dr Gao: conducted a breast examination without informed...
Health Practices in WA: At risk of unexpected payroll tax?
Case Notes: Commissioner of State Revenue v Optical Superstore Pty Ltd (as trustees for the OS Management S Trust [2019] VSCA 197 (Optical Superstore Case) Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2021] NSWCATAD 259 (Thomas Case) In these two...
Can a doctor sue a notifier for defamation
Background Recently the Queensland Court of Appeal looked at this issue.[2] In that case, the doctor was a locum psychiatrist and his employment was terminated following a complaint letter from junior doctors at the Hospital regarding his performance. A notification...
Case Summary| Inadequate reasons for decision leads to retrial in orthopaedic case
The Background At trial, the Plaintiff (Mr Chester) claimed that in 2009 the WA Country Health Service (WACHS) was negligent in failing to treat him as having suffered a dislocation of his acromioclavicular joint (rather than subluxation) and failing to make or...
Case Summary | Former Chelmsford GP wins appeal overturning Federal Court defamation decision on untested deceased experts’ reports
Facts In 2017, Dr Gill and Mr Herron had commenced proceedings against HarperCollins Publishers Australia Pty Ltd (HarperCollins) and author, Mr Cannane, (together the Publishers), for the publication of “Fair Game: The Incredible Untold Story of Scientology in...
Case Summary | Nurse disqualified from practice for 10 years for sexually inappropriate conduct in respect of two psychiatric inpatients
Background In July 2021, the Tribunal published its reasons in respect of Mr Laycock’s conduct, an enrolled nurse, in respect of Patients A and B (the Patients). Mr Laycock was found to have breached the boundaries that ordinarily exist between nurse and patient,...
Case Summary | Unregistered Nurse convicted of practising before being registered
Facts In September 2019, Ms Pichinte Solis worked 10 shifts at a residential aged care facility as a registered nurse, despite unsuccessfully applying on multiple occasions and having not met the requirements for registration. Her employment was terminated by the...
Case Summary | Appeal Court upholds disqualification of Optometrist for 5 years after intentional altering of prescriptions
Background An investigation by Specsavers led to the discovery that between 4 February 2015 and 19 January 2016, the last day on which the applicant and Ms McKernan worked together, 410 prescriptions were altered by a person using the applicant's login details. The...