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Posts by Emma

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Applicants successful in pelvic mesh implantation devices class action

 Key points The law does not require goods to be completely free from risk, but it does require manufacturers and suppliers to disclose those risks to the prospective consumer and to continually evaluate and advise of their safety., Manufacturers of medical devices cannot avoid liability simply on the basis of:, being certified as meeting the applicable safety standards (e....

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Impaired practitioners: not automatically precluded from practice

Key issues In DYB v Medical Board of Australia [2019] NSWCATOD 162, the Tribunal considered the concept of “impairment” for practitioners and its application under the National Law., The decision confirms that with appropriate medical support many practitioners with an impairment are able to practise without affecting the health and safety of the public., Background In 2015, Dr DYB surrendered her registration due to her health....

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Heparin injection causing nerve injury sounds in damages of $250K

On 11 August 2014, the Plaintiff underwent an abdominoplasty (tummy tuck) and subsequently required subcutaneous injections of heparin twice daily. The first heparin injection was administered by a female nurse who “pinched” the Plaintiff’s left thigh and administered the injection beneath the skin with no pain and no complications. The second heparin injection was administered by a male nurse later that same day....

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Radiographer's indecent assault leads to criminal conviction and disqualification

In March 2017, Patient A was admitted to hospital reporting difficulty breathing and chest pain. While alone in the X-ray room with Patient A, after making inappropriate comments about her breasts, the radiographer touched and squeezed Patient A’s right breast for about three seconds. The radiographer was stood down from his position the following day. In August 2017, after pleading guilty, ...

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Medical emergencies – is there a doctor on board?
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Medical emergencies – is there a doctor on board?

Last week, a two month old infant died on board an AirAsia flight from Kuala Lumpur to Perth. The tragic death followed an inflight medical emergency where the distressed baby was soon noticed to be grey in colour and struggling to breathe. The baby was treated immediately upon landing in Perth but was unable to be resuscitated. This very unfortunate incident raises a common question amongst the ...

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Tighter regulation on the horizon for unconventional or alternative medicine
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Tighter regulation on the horizon for unconventional or alternative medicine

The Medical Board of Australia (Board) is considering introducing new guidelines to establish clearer regulation of medical practitioners who provide complementary or unconventional medicine or emerging treatments (Proposed Guidelines). The Proposed Guidelines would supplement the Board’s current Code of Conduct, similar to the Sexual Boundaries Guidelines introduced by the Board late last year....

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Medical Board “Bonk Ban”: what you need to know

It has always been essential for doctors to maintain professional boundaries and not establish or pursue any sexual, exploitative or other inappropriate relationship with someone under their care. Such relationships are always unethical and usually harmful to patients and the wider community because of issues surrounding power imbalance, trust, safety and quality of health care. However, the new ...

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Varicose veins: risks and benefits of undergoing elective surgery

The then 58-year-old patient attended upon the vascular surgeon in April 2014 on referral from her GP regarding her varicose veins. The patient’s friend had suffered a blood clot caused by varicose veins which had broken apart and resulted in a serious condition requiring hospitalisation. In July 2014, the patient underwent varicose vein stripping surgery and later developed right hip and buttock pain requiring ongoing therapy and pain management....

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Court orders brain surgery on 12-month-old baby against parents’ wishes

Baby K was born on 22 July 2017 with cortical dysplasia in the left hemisphere of his brain. As a consequence, K suffers from a form of epilepsy that is unresponsive to medication. He has spent 10 of his 12 months of life in Lady Cilento Children’s Hospital in Brisbane due to his severe and frequent seizures. K has undergone various treatments, including anticonvulsive drugs, a trial of cannabis oil and ketogenic diet, which have proved largely ineffective....

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GP Obstetrician's conduct not widely accepted practice

Background At 8:25am on 24 August 2009, Cooper’s mother was induced and progressed normally until she reached full dilatation at 8:40pm. There had been no recorded foetal head movements from 4:30pm, and there was clinical evidence of disproportion between the foetal head and maternal pelvis. At 8:45pm she had entered the second stage of labour. She was pushing with each contraction and there was no sign of foetal distress....

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GP successfully defends claim alleging negligent insertion of Implanon device

Background On 31 August 2011, the Plaintiff attended on Dr Al-Hakeem and ultimately had an Implanon contraceptive device inserted into her arm. For an Implanon device to be effective, it must be inserted within the first five days of the patient’s menstrual cycle. Unbeknownst to the Plaintiff and Dr Al-Hakeem, at the time the Implanon device was inserted, the Plaintiff was 19 days pregnant....

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No basis for extension of time

On 12 June 2010 the plaintiff, then 9 weeks pregnant with a confirmed intrauterine pregnancy, was admitted to Geraldton Regional Hospital Emergency Department after experiencing severe chest and abdominal pain. She was observed for six hours and treated for indigestion. A pelvic ultrasound later revealed an ectopic pregnancy that had ruptured her left fallopian tube and caused significant internal bleeding....

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