A chiropractor found to have committed professional misconduct in relation to the inappropriate touching of five female patients had his registration cancelled and was disqualified from seeking re-registration for 4 years and 6 months. Dr Ebtash was also prohibited...
Prue Campbell
Recent WA trends in medical negligence and professional regulation
The view from the bench According to the most recent District Court of Western Australia Annual Review, the Court’s civil caseload in 2019 continued to be heavily weighted towards personal injury claims with the majority arising from workplace accidents and motor...
Update to the Industry Code for Visiting Residential Aged Care Homes during COVID-19
On 20 November 2020, the Industry Code for Visiting Residential Aged Care Homes During Covid-19 (the Industry Code) was updated to recognise the different levels of risk faced by providers and residents across Australia. The revised Code now includes a tiered approach...
Case summary | Gynaecologist sued for failed sterilisation and subsequent pregnancy
In May 2014, the plaintiff, Mrs Jodie Lee (a litigation pseudonym) consulted the defendant, Dr Dhupar, an obstetrician and gynaecologist with a view to having an elective tubal ligation to prevent future pregnancies. Mrs Lee and her husband already had three children...
What are the regulatory powers of the Aged Care Quality and Safety Commissioner and what actions can they take?
In any event, it is important for providers to have an understanding of the Commission’s powers and how to respond to a finding of non-compliance. The Commission takes what it describes as a proportionate and risk-based approach to monitoring the quality of care and...
Case summary | Assessing damages following surgery
The plaintiff suffered from a cholesteatoma, a benign recurring tumour which required surgical removal and underwent a series of surgeries on his right ear performed by Dr Roland von Marburg, an ear, nose and throat surgeon between 2005 and 2008. The Court found that...
Case summary | Blurred lines: Medical Board of Australia v Sutton [2020] VCAT 472
Dr Jonathan Sutton was reprimanded and disqualified for re-registering for 2 years after the Victorian Civil and Administrative Tribunal found him guilty of 5 counts of professional misconduct and 1 count of unprofessional conduct. There were a number of allegations...
Legislation update | New laws provide avenue for research or novel treatment for people who do not have capacity to consent
The Guardian and Administration Amendment (Medical Research) Bill 2020 came into operation on 6 April 2020. Prior to this, if a person had lost capacity to make his or her own treatment decisions, even if only for a short period, medical practitioners were not...
ANTI SOCIAL MEDIA
A doctor has been reprimanded and suspended for his comments in online forums promoting violence against woman and racism. Dr Christopher Kwan Lee, who was employed by the Tasmanian Health Service and then worked as an emergency doctor at Box Hill Hospital in Victoria...
Preventable death finding highlights risks posed by violent residents
Betty Quayle was 89 years of aged when she died on 31 May 2013. Mrs Quayle resided at an aged care residential facility in Cairns. Resident A also resided at the same aged care residential facility. Resident A was 74 years old and suffered from cognitive impairment,...