The Respondent to the application was the child’s father who, not only did not consent to the administration of the treatment but did not agree that such treatment was required or, indeed, that his child had gender dysphoria at all. The stage 2 treatment involves the...
Health Blog
Independent review of cosmetic surgery makes 16 recommendations
On 1 September 2022 the report of the independent review was released, making 16 recommendations for action that Ahpra and the Medical Board can take to improve patient safety under the current legislative framework, including the setting of minimum standards for...
False medical reports lead to criminal conviction and suspension
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...
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 | GP found not to have breached his duty of care after delay in diagnosing patient’s terminal non-Hodgkin’s lymphoma
Facts On 17 October 2016, the plaintiff consulted the GP for the first time, complaining of severe leg pain. She reported her pain to be “8 out of 10”. The doctor took a history and completed a basic examination. He prescribed moderate pain relief and requested some...
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...