The key issue This appeal concerned the issue of causation, specifically whether the developmental and cognitive impairments suffered by the Respondent were caused by the negligence of the Appellant. The background East Metropolitan Health Service (EMHS) was the legal...
Health Blog
Case summary | GP suspended for posting extreme views on social media has appeal dismissed
The key issue The key issue in this case was whether there was a reasonable basis for the Board to take immediate action in relation to social media commentary. The background The case relates to the appeal of a decision by the Immediate Action Committee of the Board...
Case summary | Optometrist found guilty of professional misconduct after altering sight records
The background The case relates to an optometrist (the respondent) who was alleged to have changed the results of sight tests entered by another optometrist (other Optometrist) on the store database on 410 occasions between February 2015 and January 2016. The IT...
Case summary | High Court examines standard of care in medical claim
The key issues The case concerned two issues: Whether the treating officer had considered the administration of adrenaline in accordance with the Practice Manual; and Whether a responsible body of opinion supported the treating officer’s decision to administer...
Case summary | Plaintiff given leave to proceed direct against MDO
The NSW District Court granted leave for a Plaintiff to join the defendant’s medical indemnity organisation as a named second defendant. The key issue Whether there was an arguable case that the insurance policies held by the defendant would respond to the plaintiff’s...
Case summary | Parens patriae – Court permits chemotherapy for child where parents decline to consent
The key issue Whether the Supreme Court of NSW should make orders which would permit the Hospital to administer proposed chemotherapy to a young boy in the face of his parents not being prepared to consent to that treatment. The background The defendant is two...
Case summary | Tribunal found to have misinterpreted evidence of experts
The key issues Whether the NSW Tribunal: applied the correct statutory test; and misinterpreted the expert evidence in finding that a cardiologist had engaged in unsatisfactory professional conduct in relation to 2 complaints made against him arising from his...
Case summary | Unsuccessful appeal by patient who suffered further stroke after receiving treatment in hospital
The key issues Whether it was negligent of the hospital and treating doctor to administer the treatments; and Whether the treatments caused the further strokes that damaged the right side of the appellant’s brain and caused left-sided disabilities. The background The...
JobKeeper and the 2nd wave: What should I know?
JobKeeper and JobSeeker changes The JobKeeper and JobSeeker Coronavirus Supplement have been extended until 28 March 2021 and 31 December 2020, respectively. The Government has stated that this extension recognises that economic recovery remains significantly affected...
Sitting on a ‘voluntary’ Board – membership may be voluntary, but legal duties are not
The main duties The Corporations Act and Associations Incorporation Act impose duties which overlap the general law to varying degrees. The legislation has effect ‘in addition to, and not in derogation of’ any other legal duties and does not prevent the commencement...