In September 2006, the patient was referred to the cardiologist for investigation of possible involvement of her heart in neurological symptoms which she had recently experienced. In her claim the patient alleged the cardiologist failed to carry out sufficient...
case law
In the FWO’s line of fire: A warning to all medical practice owners/doctors
The Federal Circuit Court of Australia has ordered that Windaroo Medical Surgery pay a pecuniary penalty of $39,600 for acting in contravention of sections 343 and 340 of the Fair Work Act 2009 (Cth). The unlawful conduct included: making the following threats to...
Alleged failure to diagnose melanoma
The New South Wales Supreme Court (NSWSC) has found that a doctor did not breach his duty of care in his diagnosis of the presence of a plantar wart instead of melanoma in the deceased's foot. The Court accepted that at the times the treating doctors saw the lesion on...
Mother awarded $1.8m in damages after her baby dies in hospital
Background In mid-April 2010, the mother suffered from a severe attack of gastroenteritis. She was required to attend Wagga Wagga Base Hospital every day for a period of three weeks. Daily CTG monitoring of her baby was carried out and an ultrasound was performed...
Palliative care in best interests of the child
We have previously blogged about the earlier decisions in this matter. Oshin Kiszko was diagnosed with medulloblastoma in December 2015 and underwent surgical removal of the brain tumour. His parents refused conventional post-surgical treatment, and in March 2016 the...
A Sign of Discrimination?
Following a complaint to the Australian Human Rights Commission which terminated in September 2015, the appellant filed an application in the Federal Circuit Court seeking a declaration and orders against the respondent, a private hospital, for alleged unlawful...
Medical negligence; failure of general practitioner to refer plaintiff for specialist treatment
Gulab Khan v Matthew Rathjen [2016] NSWDC 139 is a recent decision concerning a failure of a general practitioner to refer the plaintiff for specialist treatment after he sustained lacerations over his left hand when he grabbed a knife to avoid being stabbed during an...