A recent decision in the Queensland Civil and Administrative Tribunal (the Tribunal) indicates that ‘bad faith’ complaints with false and misleading information may amount to professional misconduct. Background The Health Ombudsman (the Applicant) alleged that Dr Ling...
Health Blog
A victimless crime? Delayed claiming practice resulted in four-month suspension
Many health practitioners assume that their principal responsibility is to provide professional and competent advice and treatment to their patients and that only deviations from this duty will attract the censure of the regulator. However, a practice of delayed...
Medibank Data Breach – Legal Lessons
In October 2022, Medibank reported that ‘unusual activity’ on its network had resulted in its customer data being accessed and stolen by a third party. The Medibank cyber-attack started with the theft of login details from an employee who had privileged access to the...
Recent commentary on section 5PB of the Civil Liability Act
Legislative Context - Section 5PB An act or omission of a health professional will not be negligent, if it is established that the act or omission was in accordance with a practice that, at the time, was widely accepted by their peers as competent professional...
Failure to screen organ donor for infection leaves organ recipient with catastrophic brain injury
Unfortunately, the deceased donor was infected with a parasitic roundworm referred to as strongyloides stercoralis, which is endemic in various parts of the world. As a result of the SPK transplant, Mr Meyer too became infected by this condition, becoming the first...
New Cosmetic Surgery and Procedure Guidelines to take effect from 1 July 2023
The reforms include higher standards, tougher advertising requirements, and a new endorsement on registration, all of which aim to prioritise patient safety and minimise exploitation and harm in the cosmetic surgery sector. Effective from 1 July 2023, the key changes...
Patients successfully sue negligent cosmetic surgeon
Ms Archer was one of five women who successfully sued Mr Blackstock in related cases. As Mr Blackstock did not defend or otherwise participate in any of the litigation, default judgment was entered in favour of all five women, and damages were awarded in the total sum...
Tribunal reprimands registered nurse for working under the influence of alcohol
As she drove home, she was pulled over by police who breathalysed her. She recorded a blood alcohol content that exceeded 0.08 and her drivers’ licence was suspended immediately. She pleaded guilty to the offence before the Magistrates Court on 10 February 2021 and...
Guardianship and Administration Amendment (Medical Research) Bill 2023
This statutory review has now been completed and the Final Report was tabled in Parliament on 22 February 2023. The Final Report recommended two substantial amendments to the existing legislation. The first being to expand the scope of the legislation to include a...
Tribunal reprimands inexperienced psychologist after engaging in professional misconduct
Psychologist, Mr Glenn Michael Ross (the Practitioner) had been practising independently for around one year when Patient A (who had a history of self-harm, borderline personality disorder, anxiety, and depression) was referred to him. Allegations The Psychology Board...