Currently, 47 doctors Australia-wide are under conditions requiring a chaperone as a temporary protective measure, allowing them to continue to practise whilst misconduct allegations are investigated by AHPRA. The Chaperone system requires strict monitoring and...
Health Blog
Public Health Act 2016
To provide a flexible and proactive framework for the regulation of public health, the West Australian Parliament has passed the Public Health Act 2016 with the object ‘to protect, promote and improve the health and wellbeing of the public of Western Australia and to...
Updated Driver Medical Standards from 1 October
Revised guidelines for use by medical, health professionals and driver licensing authorities have been published detailing updated medical standards for the purposes of assessing fitness to drive. The new edition of Assessing Fitness to Drive comes into effect on 1...
Palliative care in best interests of the child
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...
A Sign of Discrimination?
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...
Warning of material risks: Morocz v Marshman
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...
Doctor ordered to pay patient $10,000 compensation for privacy breach
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,...
Medical negligence; failure of general practitioner to refer plaintiff for specialist treatment
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...
Addendum to Parens Patriae Applications – Alive and Well
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...
Guidelines for registered medical practitioners who perform cosmetic medical and surgical procedures
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...