The key issue Whether EEB’s conduct could be considered unprofessional conduct or professional misconduct under the National Law, and the most appropriate penalty. The background On 20 January 2017, the Board decided to take immediate action against EEB by way...
The key issue The Tribunal was required to determine the appropriate disciplinary sanction to be imposed. The background The Health Care Complaints Commission (HCCC) commenced disciplinary proceedings against the respondent alleging unsatisfactory professional...
The key issue Whether the agreed position between the parties with respect to the penalty was appropriate. The background Between March 2010 and April 2018, the pharmacist initiated an intimate personal relationship with Patient 1, who was also an employee at...
Since March 2020 (and, at the time of writing, continuing at least until the end of the year) temporary telehealth items have been made available on the Medicare Benefits Schedule in response to COVID-19. Whether due to pandemics or as a product of new and evolving...
The key issues Whether the respondent had breached his duty of care in failing to remove all hardware from the appellant’s ankle in or around 2010. Whether the alleged breach of duty was causative of the appellant’s subsequent ankle infection in 2017. The background...
The key issue Whether the risk to the public and the public interest were such that Dr Rizwan Sami (Dr Sami) should be suspended from practice until the disciplinary proceedings were concluded. The background Dr Sami was a general practitioner who consulted the...
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...