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Posts by Enore

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WASAT provides clarity over meaning of ‘mental disability’

Key issue Whether FY suffered from a mental disability and whether by reason of that mental disability, is FY unable to make reasonable judgments regarding her estate., Background FY applied for review of a Tribunal decision which declared her unable, by reason of mental disability, to make reasonable judgments in respect of matters relating to her estate. FY was found to have a mental disability and an administrator was appointed....

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The AMA 10 Minimum Standards for Prescribing

The AMA has released its new 10 Minimum Standards for Prescribing to ensure patient safety and high-quality health care. The AMA’s new Prescribing Standards are consistent with medical ethics and frameworks for the quality use of medicines, and were developed to make clear the minimum standards required of all prescribers authorised to prescribe S4 and S8 medications. The 10 Minimum Standards ...

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Mere chance or possibility to have achieved a better outcome insufficient for appeal

Key issues In this case, the Court of Appeal was required to determine whether the trial judge had erred in finding that hospital’s medical practitioners had requisite expertise to provide treatment advice; in finding loss was no more than loss of a mere chance of better medical outcome; and in weight given to evidence as to usual practice., Background The Applicant had sustained ...

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Medical negligence rotator cuff injury claim fails
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Medical negligence rotator cuff injury claim fails

The plaintiff’s arm had been dislocated by a horse bite. The plaintiff alleged that the defendants each breached their duty of care to her by failing to order imaging to identify a rotator cuff injury, failing to refer her to an orthopaedic specialist, and failing to advise her as to proper care for her shoulder. The plaintiff alleged that by reason of the defendants’ failures, her treatment ...

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Patient unsuccessful in negligence claim against GP for alleged failure to refer for specialist medical treatment earlier
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Patient unsuccessful in negligence claim against GP for alleged failure to refer for specialist medical treatment earlier

Background Mr Elysee (‘the patient’) was a patient at Bankstown Medical Centre over a period of about 10 years. He had a complex combination of conditions and saw many doctors over that time. During the time when he was attending Bankstown Medical Centre he was diagnosed with diabetes and had a number of other health complaints including high blood pressure and poor renal function. In ...

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So you've received a negative online review...
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So you've received a negative online review...

Google reviews and websites such as RateMD and Whitecoat make it very easy for patients or any person to damage your or your business’ reputation and credibility online. There are a few steps a doctor can take if you receive a damaging online review. For example: You can ask the patient commenting to remove the online comment., You can ask the website administrator to remove the online comment....

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Informed consent and usual practice of doctors
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Informed consent and usual practice of doctors

On 21 January 2013, the plaintiff jumped from the balcony of a second storey building, intending to land in the swimming pool below. Unfortunately, he missed the pool and suffered comminuted fractures to the calcaneal bones in each ankle. He was taken to the Royal Melbourne Hospital (the defendant’s hospital), where he was treated conservatively. He was discharged five days later, and subsequently ...

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PSR continues to recover significant payments in 2019
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PSR continues to recover significant payments in 2019

The first two months of 2019 has seen the Director of the Professional Services Review (PSR) enter into 9 agreements with practitioners which will result in repayments totalling $2,840,000. 5 of the 9 practitioners were general practitioners. The maximum single repayment was $550,000.00. The agreements were made pursuant to section 92 of the Health Insurance Act 1973 (Cth) with practitioners who ...

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ROYAL COMMISSION INTO AGED CARE QUALITY AND SAFETY

The Royal Commission into Aged Care Quality and Safety is to examine the quality of care in residential and home care services provided to senior Australians, as well as to younger persons with disability who are living in residential aged care. The calling of the Royal Commission will bring a dramatic escalation in media glare and public scrutiny to the Aged Care sector – a sector that has already endured 20 aged care reviews in the last 20 years....

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Hospital, obstetrician sued for negligence after stillbirth of baby

Background On 13 January 2011, KS was admitted to Calvary Private Hospital. She was a patient of Dr Foote, an obstetrician and gynaecologist, and was pregnant with her first child. By 13 January 2011 the baby was one week overdue and it had been agreed that KS would be induced. After arriving at hospital at about 4:30 pm, she was attached to a foetal heart rate monitor. By 4.58 pm abnormalities ...

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Peer professional opinion and irrationality

In South Western Sydney Local Health District v Gould [2018] NSWCA 69, the NSW Court of Appeal overturned the District Court decision in which the appellant had been found liable in negligence for the treatment of an 8 year old boy’s open fracture to his left thumb – specifically, for failing to administer an additional antibiotic drug (gentamicin). Ultimately, the boy developed osteomyelitis and gangrene in his thumb, which consequently required amputation....

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Liability of hospital for actions of a misbehaving patient

A B v Australian Capital Territory [2018] ACTSC 18 is a decision of the Supreme Court of the ACT which considers the liability of a hospital following the abuse and assault of the plaintiff by another patient who was affected by, at least, alcohol and admitted to the same ward. The plaintiff had suffered a PTSD as a result. The plaintiff alleged that the abuse and assault only took place because ...

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Enore Panetta