The background Dr Dean, a well-known periodontist in Melbourne, commenced proceedings against Ms Puleio alleging that she defamed her in four publications on Google reviews of Dr Dean’s business, Kew Periodontics and Dental Implants (Kew Periodontics). Ms Puleio was a...
Prue Campbell
Case summary | Hospital breached duty of care for failure advise of urgency and failure to refer
Background On 19 September 2010, Ms Makaroff (the Plaintiff) suffered a dislocated shoulder and a bite wound on her from one of her horses. She was taken to Hawesbury District Hospital (Hospital) for plastic surgery and later discharged. Her general practitioner (the...
Case summary | Tribunal finds reprimand unnecessary in light of decision to cancel registration
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...
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...