Part IIBA of the Health Insurance Act 1973 (“Act”) prohibits asking for, accepting, offering and providing various forms of ‘benefit’ in connection with the provision of pathology services. A key area in which benefits are prone to arise – whether advertently or...
Health Blog
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 | Interim stay of immediate action decision granted
The background A complaint was made to the Australian Health Practitioner Regulation Agency (AHPRA) by a former female employee (the Complainant) of the practitioner, Dr Freeman. The Complainant alleged that between January 2017 and September 2018, Dr Freeman engaged...
Case summary | Breaches by catering and nursing staff at hospital
The Plaintiff presented to the Campbelltown Hospital ED on 21 August 2015 with a non-functioning colostomy and abdominal pain, having undergone a Hartmann’s procedure for perforated sigmoid diverticular abscess in October 2014. The Plaintiff was admitted, found to...
Companies 101 | Many dental businesses operate as privately owned ‘Pty Ltd’ companies
In David McMullen's article, originally published in Western Articulator by the Australian Dental Association WA, David provides a refresher or an introduction to some basic concepts and requirements of privately-owned companies. Click here to download the article....
Case summary | Dentist suspended after treating women with intellectual disabilities
The background In one weekend, Dr Trijo examined and treated (under general anaesthetic) five women with intellectual disabilities who resided in a Supported Residential Service. These patients were unable to communicate and required a ‘person responsible’ to make...
Case summary | Plaintiff denies consent for muscle biopsies
The background The Plaintiff had symptoms of proximal muscle wasting of the lower and upper limbs associated with muscle weakness and she was referred to the Neuromuscular Clinic at Royal Prince Alfred Hospital (Hospital) for review and management. The Plaintiff...
Case summary | Nurse sues for damages after emergency department assault
The background The registered nurse (RN) was a government employee working at Cairns Base Hospital (Hospital) on the evening of 19 January 2014 when an intoxicated patient assaulted him. The RN had removed a blanket from the patient, the patient had stood up and...
Case summary | Inappropriate prescribing practices results in cancellation of GP’s registration
The Australian Sports Anti-Doping Authority imposed the ban because of Mr Dank’s possession, trafficking and prescription of Performance and Image Enhancing Drugs (PIEDs). The Health Care Complaints Commission (HCCC) prosecuted a complaint against Dr Meneghetti before...
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...