The Supreme Court of Victoria has dismissed an appeal by the Medical Board of Australia (Board) against the decision of the Victorian Civil and Administrative Tribunal (VCAT) to overturn its decision to suspend a medical practitioner’s registration by way of immediate...
case law
Patient awarded $450,000 following failure to administer troponin blood tests
The Plaintiff experienced a sudden onset of excruciating pain to her chest radiating to her left arm and was taken to the Hospital’s Accident and Emergency Department for assessment. While the Hospital’s assessment of the Plaintiff involved a number of aspects, it did...
Continued Suspension not in public interest
In April 2019 Julia Wilcock reported on the Tribunal's decision to stay the suspension of the anaesthetist pending his appeal in the matter. Click here to read Julia's post and the background to the case. Last week, the Tribunal delivered its decision on the...
Patient unsuccessful in claim alleging GP failed to warn against reaction to cryotherapy procedure
Background On 19 March 2018, Mr Cowie (‘the patient’) underwent a cryotherapy procedure, being the use of liquid nitrogen, to remove some keratosis on his bottom lip (‘the procedure’). The procedure was performed by Dr Quinn. On 6 April 2018, more than 17 days after...
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...
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...
Anaesthetist who undertook unnecessary rectal examination succeeds in staying suspension of his registration
An anaesthetist who undertook a clinically unnecessary rectal examination of an anaesthetised patient at the alleged encouragement of the colorectal surgeon performing the procedure was successful in having the suspension of his registration stayed until his appeal...
Redetermination of Penalty following Appeal provides similar outcome
On 31 January 2017 the State Administrative Tribunal handed down its initial decision finding that the Doctor’s conduct in relation to a Patient constituted a serious breach of professional boundaries and sexual misconduct. In addition, the Tribunal found that the...
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...
£37 million Damages awarded in UK Clinical Negligence claim
A 6 year old boy was awarded £37 million (AUD$67.39) after suffering catastrophic brain damage following a delay in administering anti-viral medication. The Claimant contracted the Herpes Simplex virus at birth at Watford General Hospital in 2012. He suffered...