It was alleged that between January 2018 to March 2019, the psychiatrist authored a blog on his practice website which discussed bizarre beliefs about global conspiracy theories and other disturbing matters which had the potential to expose his patients to real risk...
In David McMullen's recent article, Online directories and appointment booking platforms: Reminders from the ACCC and the Federal Court, David shares his insights on: the ACCC's proceedings against HealthEngine in the Federal Court of Australia concerning allegations...
Case background In October 2013, Mr Boxell experienced chest pain and was taken to the emergency department at Frankston Hospital (‘the Hospital’). Following examination, observation and investigation, no cause for Mr Boxell’s pain was found, and he was discharged...
The Voluntary Assisted Dying Act 2019 was passed by Parliament on 10 December 2019 and is currently awaiting Royal Assent. However, the Act will not become operational for approximately 18 months or so, to allow time for the Voluntary Assisted Dying Board to be...
Key issue Whether FY suffered from a mental disability and whether by reason of that mental disability, is FY unable to make reasonable judgments regarding her estate. Background FY applied for review of a Tribunal decision which declared her unable, by reason of...
Issues The Applicant lodged an appeal seeking review of a decision made by the Nursing and Midwifery Council of NSW not to remove conditions imposed on her registration. The Tribunal were required to determine whether it was appropriate that the conditions be removed....
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...