Complaints and legal claims can add stress to the practitioner’s life, disrupts and detracts from the provision of services, adversely affects the practice’s reputation and the legal costs in responding to the complaints and / or legal claims often exceeds the fees...
Health Blog
The fallibility of memory – why good clinical notes can be the best defence to a claim
The decision involved Mr Ronan Boothman (the Plaintiff) who commenced proceedings against his chiropractor, Dr Christopher George (the Defendant). After straining his back whilst surfing, the Plaintiff attended upon the Defendant for treatment, which he alleged was...
Is Your Organisation Complying the Positive Duty to Eliminate Unlawful Sex Discrimination in the Workplace?
The Sex Discrimination Act 1984 (the Act), now obliges Australian employers and persons conducting a business to take “reasonable and proportionate measures” to eliminate, as far as is possible, the following behaviours: discrimination on the ground of sex in a work...
New National Law
Western Australia has now adopted the Health Practitioner Regulation National Law, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld), as it stood on 10 October 2023 with modifications, as a law of Western Australia. The...
How much is a claim worth?
The assessment of damages is largely a mathematical process. However, variables specific to individual plaintiffs must be factored in. These variables include matters such as the age of the plaintiff at the time of injury and how long they may be expected to live....
Dental Student wins Appeal against University’s Decision to Exclude from Clinical Units
Background The appellant was enrolled in the Dental Medicine degree at the University of Western Australia (University). In 2019, he failed two units which involved participating in a clinical placement at the Dental Health Service (DHS) operated by the North...
Junior Doctors win $230 million settlement with NSW Health in Class Action
Background In December 2020, Dr Amireh Fakhouri filed a class action against the NSW Ministry of Health and the State of NSW covering junior medical officers who worked between 16 December 2014 and 21 March 2024. In a statement of claim, she alleged NSW Health failed...
Ambulance Ramping and the fragmentation of care
Western Australian State Coroner Fogliani made a number of recommendations in the inquest into the death of Ashleigh Hunter, a 26-year-old woman who died of meningococcaemia, aimed at closing the gap between ambulance officers and hospitals when managing and...
Navigating the blur: free speech and social media perils for doctors
It has been reported that numerous complaints were anonymously made, and some related to online posts within private or closed groups. While every complaint is required to be investigated by Ahpra, it has indicated that none of its investigations (at the time of...
Voluntary assisted dying eligibility criteria considered by State Administrative Tribunal
In AB v CD [2024] WASAT 6, the co-ordinating practitioner refused access on the basis that the Applicant was not ordinarily a resident in Western Australia (WA) as per section 16(1)(b)(ii) of the VAD Act. The SAT examined the wording of the section and formed the view...