The plaintiff had sustained a severe complex crushing injury to his left thumb and was diagnosed with fractures. Following his presentation to the hospital, the plaintiff’s surgery for wound exploration, washout and fixation of his fractures was postponed until the...
Health Blog
New AMA Code of Ethics for Doctors
For the first time since 2006, the Code has been substantially revised, culminating in the Code of Ethics 2004. Editorially Revised 2006. Revised 2016. AMA President, Dr Michael Gannon, says that a Code of Ethics is essential for setting and maintaining the very high...
New Privacy Act Data Breach Obligations Update
Eligible Data Breaches The Act sets up a scheme for notification of ‘eligible data breaches’. An eligible data breach happens if: there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by an entity; and the access,...
Surgeon reprimanded and fined for permitting doctor not registered in Australia to perform operation
In a recent decision of the Professional Standards Committee Inquiry, a colorectal surgeon, Professor Morris, was found guilty of unsatisfactory professional conduct for knowingly enabling an overseas based doctor, Dr Sugarbaker, who was not registered under the...
Chiropractor convicted of unlawful advertising
A recent case in which a chiropractor was convicted of false advertising for claiming to be able to prevent, treat and cure cancer serves as a reminder for practitioners to make sure they properly understand their obligations and follow the National Boards’ guidelines...
What is the scope of cancellation of registration when a practitioner is registered in more than one health profession?
The HCCC sought deregistration of the practitioner as both a midwife and as a nurse. It argued that the findings concerning the practitioner's conduct as a midwife were equally applicable to her knowledge and skills in the practice of nursing. The Tribunal noted that...
When a doctor can disclose information in the public interest
The revised guidance provides useful clarification on when doctors can disclose information in the public interest to protect individuals or society from risks of serious harm. The benefits to an individual or to society of the disclosure must outweigh both the...
GP ordered to repay $450,000 for inappropriate billing
Dr Nicholas Sevdalis maintained that he made handwritten records which he subsequently transferred to an electronic record. However, the Committee held that the handwritten documents which were tendered in evidence were not contemporaneous and were “recent...
Dentist sues for defamation for negative online review
A Melbourne dentist has taken defamation action against a patient who posted a negative online review. Many practitioners seek to use legal strategies to combat a negative online review and preserve their reputation and business. A claim for defamation is complex,...
New WA Medicine and Poisons Regulations
A key aim of the regulations is to control the potential for the misuse of hard drugs by implementing a system to identify and regulate ‘doctor shopping’. Health Minister John Day says the legislation “establishes the legal framework for the transfer of information...