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...
You should consider these factors when looking to lease new premises or when a lease of existing premises is up for renewal. For some top tips, please click on the image below to download a full copy of David McMullen's article originally published in the Australian...
On 11 August 2014, the Plaintiff underwent an abdominoplasty (tummy tuck) and subsequently required subcutaneous injections of heparin twice daily. The first heparin injection was administered by a female nurse who “pinched” the Plaintiff’s left thigh and administered...
The Victorian Civil and Administrative Tribunal (“Tribunal”) found that the Practitioner behaved in a way that constitutes professional misconduct after he: declared on five occasions when applying to renew his registration that he had met the Continuing Professional...
In March 2017, Patient A was admitted to hospital reporting difficulty breathing and chest pain. While alone in the X-ray room with Patient A, after making inappropriate comments about her breasts, the radiographer touched and squeezed Patient A’s right breast for...