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...
Health Blog
Delay found to be abuse of process
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...
Duty of Care to Trainees – a novel approach
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...
Is the end of the ‘once and for all’ rule nigh?
The Law Reform Commission of WA released a discussion paper in November 2015 on provisional damages and damages for gratuitous services. Whilst initiated in response to issues in asbestos claims, the proposed reforms are discussed in the broader context of all...
Mental Health Act 2014
On 30 November 2015 the Mental Health Act 2014 (WA) (“MHA 2014”) will come into substantive operation. Both the MHA 2014 and the Mental Health Legislation Amendment Act 2014 were passed last November, but had limited operation to facilitate a 12 month transition...
The Sydney Children’s Hospital Network v X [2013] NSWSC 368
In this case the Sydney Children's Hospital Randwick applied to the New South Wales Supreme Court for an order authorising it to carry out the administration of blood, blood products and platelet therapy and the reinfusion of the patient's own blood (as well as any...
Varipatis v Almario [2013] NSWCA 76
The NSW Court of Appeal has upheld the appeal brought by a GP who was found by the Trial Judge to have been negligent for failing to refer his morbidly obese patient for bariatric surgery.
Alert: Court of Appeal Considers r44G
On 9 April 2013, the Court of Appeal delivered two decisions on whether Actions dismissed pursuant to R44G of the District Court Rules can be reinstated. Interestingly, the Court reached different decisions in each case indicating that the circumstances leading to a...
Jordan v Lee and Baker [2012] WADC 74
Please see Resource Link below.
Kozanoglu v The Pharmacy Board of Australia [2011] VCAT 2085
Please see Resource Link below.