The complaint in respect of each patient was separated into two issues: the medical treatment provided to the patient; and the failure to maintain adequate medical records for that patient. The matters that were the subject of each complaint which related to the...
competent professional practice
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...
Peer Professional Opinion Defence Rejected Again
Mr Frangie (the Deceased) suffered a heart attack at home. He was taken to Liverpool Hospital where, following investigations, it was found he had suffered a ST elevation myocardial infarct (STEMI). As it was likely that the Deceased had been suffering the heart...
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...
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 –...
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...
Competent professional practice does not require evidence of “a practice”
In Sparks v Hobson; Gray v Hobson [2018] NSWCA 29, the Plaintiff suffered from Noonan Syndrome, a genetic disorder that prevents normal development in various parts of the body. Due to this disorder, his ability to fill his lungs with air, and hence to breathe, was...
Registered Nurse’s Conduct in a Drug Dispensing Arrangement Results in Professional Misconduct
An experienced mental health nurse and psychotherapist was involved in the care of a patient over a 13-year period, where the Patient had a complex history of mental health issues and drug dependency. The practitioner provided regular one-on-one care under the NSW...
Referral for surgery – competent professional practice
The defendant, a specialist respiratory physician, referred the plaintiff to a cardiothoracic surgeon for treatment of a lung mass following the defendant’s diagnosis of Stage II large cell lung cancer, based on clinical assessment and medical investigations. The...