We have previously blogged about the earlier decisions in this matter. Oshin Kiszko was diagnosed with medulloblastoma in December 2015 and underwent surgical removal of the brain tumour. His parents refused conventional post-surgical treatment, and in March 2016 the...
Following a complaint to the Australian Human Rights Commission which terminated in September 2015, the appellant filed an application in the Federal Circuit Court seeking a declaration and orders against the respondent, a private hospital, for alleged unlawful...
Factual background The patient consulted the cardiothoracic surgeon about her palmar hyperhidrosis (PHH) and was provided with a brochure about the bilateral endoscopic thoracic sympathectomy which outlined the risks of the procedure. The surgeon also discussed the...
The patient and the doctor had been acquainted through their common Islamic faith and their attendance at religious services. In 2011-2012 the patient had sought treatment from the doctor for ‘panic attacks’. In 2014-2015 the patient sent several emails to the doctor,...
Gulab Khan v Matthew Rathjen [2016] NSWDC 139 is a recent decision concerning a failure of a general practitioner to refer the plaintiff for specialist treatment after he sustained lacerations over his left hand when he grabbed a knife to avoid being stabbed during an...
The Hospital advised that the outcome of the chemotherapy had been pleasing but further chemotherapy alone would not save Oshin’s life and that a high level dose of radiotherapy was required to give him the best chance at survival. On this occasion Oshin’s parents had...
Cosmetic medical and surgical procedures are defined as operations and other procedures that revise or change the appearance, colour, texture, structure or position of normal bodily features with the dominant purpose of achieving what the patient perceives to be a...
In March 2016 the Family Court of WA ordered that a six year old boy with a brain tumour undergo chemotherapy treatment after his parents had refused treatment and indicated that they wanted to pursue alternative therapies. Last week, the Qld Supreme Court ordered...
The patient had died in September 2005 following an angioplasty procedure performed by the practitioner. The patient’s widow lodged a complaint in 2012. The Board took until December 2014 to file its application with the Tribunal. In July 2015, the Board amended its...
In Sklavos v Australasian College of Dermatologists [2016] FCA 179, Dr Sklavos made 3 claims against the College, being: The College engaged in either direct or indirect disability discrimination in contravention of the Disability Discrimination Act 1992 (Cth); The...