Key issue The Plaintiff alleged that: a medical officer at the Hospital incorrectly recorded on a discharge summary sheet that an injury to his left acromioclavicular (AC) joint was a subluxation rather than a dislocation; and omitted to refer him to seek orthopaedic...
Key points The law does not require goods to be completely free from risk, but it does require manufacturers and suppliers to disclose those risks to the prospective consumer and to continually evaluate and advise of their safety. Manufacturers of medical devices...
In David McMullen's recent article, Could a patient's super pay for their dental treatment?, David shares his insights on: Early access to superannuation on compassionate grounds for medical treatments including dental. Dentist's role in certifying applications for...
The Quality of Care Principles under the Aged Care Act 1997 were amended with the aim of minimising the use of physical and chemical restraints in residential aged care, effective 1 July 2019. The amendments came in a climate of adverse media coverage (notably, images...
The AMA has released its new 10 Minimum Standards for Prescribing to ensure patient safety and high-quality health care. The AMA’s new Prescribing Standards are consistent with medical ethics and frameworks for the quality use of medicines, and were developed to make...
Key issues In this case, the Court of Appeal was required to determine whether the trial judge had erred in finding that hospital’s medical practitioners had requisite expertise to provide treatment advice; in finding loss was no more than loss of a mere chance of...
Key issues In this case the Court was required to determine whether the Plaintiff’s stroke symptoms progressed despite, not because of, the administration of thrombolysis treatment. The case highlights the difficulty of demonstrating causation in medical negligence...
Key issues In DYB v Medical Board of Australia [2019] NSWCATOD 162, the Tribunal considered the concept of “impairment” for practitioners and its application under the National Law. The decision confirms that with appropriate medical support many practitioners with an...
It is always important to understand what is actually being agreed when you ask for or commit to an indemnity provision. Please click on the image below to download an article by David McMullen which was originally published by the Australian Dental Association in...
The ACL is found in Commonwealth legislation and also applies as a law of Western Australia by operation of the Fair Trading Act 2010 (WA). This article by David McMullen outlines what constitutes an unfair contract term, who the laws apply to and what happens if a...