In Sparks v Hobson; Gray v Hobson [2018] NSWCA 29, the Plaintiff suffered from Noonan Syndrome, a genetic disorder that prevents normal development in various parts of the body. Due to this disorder, his ability to fill his lungs with air, and hence to breathe, was...
Health Blog
Inexact evidence on causation sufficient to demonstrate material contribution
The Plaintiff suffered from epilepsy from six years of age. In 2010, at the age of 20, the Plaintiff underwent electroencephalographic monitoring, a telemetry testing procedure requiring sleep deprivation and the withdrawal of medication to induce a seizure to...
Notifiable Data Breach scheme commences
From 22 February 2018, the Notifiable Data Breaches (NDB) scheme will apply to all agencies and organisations with existing personal information security obligations under the Privacy Act 1988 (Privacy Act). All private sector health and aged care organisations are...
Liability of hospital for actions of a misbehaving patient
A B v Australian Capital Territory [2018] ACTSC 18 is a decision of the Supreme Court of the ACT which considers the liability of a hospital following the abuse and assault of the plaintiff by another patient who was affected by, at least, alcohol and admitted to the...
No Extension of Limitation Period 16 Years Post-Surgery
One might conclude from the decision, that the Plaintiff, Mr Holcombe, presented as an honest, stoic and credible 42-year-old man, who had tolerated many years of pain and discomfort. However, as the Court concluded, the decision to extend a limitation period must be...
Occupational Health and Safety Blog
Whilst Western Australia never quite made it out of the starting gate, the majority of other Australian jurisdictions (with the exception of Victoria) have since enacted harmonised OHS legislation based on the Model Legislation published in or about 2010. Having spent...
Neurosurgeon failed to properly advise of treatment options
In February 2011, the Plaintiff was found to have a benign brain tumour. He consulted with Dr Day, a neurosurgeon, who recommended that the tumour be removed by way of endoscopic surgery. The surgery was performed without incident but shortly thereafter the Plaintiff...
Assault or battery case against medical staff dismissed
The applicant was employed as a security officer at Gladstone Hospital. In the evening on 2 August 2012, he was observed to be acting unusually while at work and was directed by a co-worker to attend the Emergency Department. There he was seen by a nurse and a locum...
Immediate action against practitioner after suspension of medical licence in US
The immediate action process arose from a notification the Board received in August 2016 that the practitioner, who was practicing in both the US and Australia, had had his medical licence summarily suspended in June 2016 by Judge Mandala, an Administrative Law Judge...
New Codes of Conduct for Nurses and Midwives
The Codes are founded on evidence-based practice and specify the legal requirements, professional behaviour and conduct expectations for all nurses and midwives across Australia, in all practice settings. The Codes will replace the existing Code of Professional...