The key issue The treatment of sexual misconduct allegations by way of immediate action. The background The patient presented to her GP on 27 August 2020 with ongoing chest pain, reporting that she was stressed and had done some physical work with horses the previous...
An 18-year-old woman who was born with an undiagnosed congenital pars defect (a crack or fracture of the bones of the lower spine) sued her radiologist for failing to report on the existence of her condition in an x-ray report in mid-2012, and her orthopaedic surgeon...
Jennifer Kimber v Sapphire Coast Community Aged Care Ltd [2021] FWC 1818 In early 2020, the New South Wales Government issued a public health order (PHO) requiring any person entering the facility to have an up-to-date vaccination against the flu. In accordance with...
Agreed facts On 3 August 2021, Ms Dhu was taken to an emergency department complaining of rib pain and shortness of breath while in police custody. At triage, she was found to have a rapid pulse, was dehydrated and was ‘warm’ and ‘agitated’. She was triaged to be seen...
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...
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...
A significant decision from the Fair Work Commission (FWC) provides some useful guidance on the reasonableness and lawfulness of such policies, after the dismissal of an employee for refusing to take a free flu vaccine was upheld. Ms Bou-Jamie Barber v Goodstart Early...
In his recent article, David McMullen provides insights on: What constitutes a reasonable and valid restraint; When a restraint might be unenforceable; and The consequences of breaching a restraint. Please click on the image below to download the article which was...
During the past couple of years, a legal battle between the GP corporate Healius and the Australian Tax Office has been running through the courts. It is of interest to many doctors because it appears to relate to an issue that’s wrapped in much emotion for the...
The key issue The key issue in this case is boundary violations. The background The respondent treated the patient on about 30 occasions between 2004 and 2009, before a consultation in October 2009 during which they expressed a mutual interest in one another...