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...
health practitioners
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...
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...
Dealing with the Professional Services Review Agency
There have also been record increases in the number of referrals made and in the number of services falling under scrutiny in each review. Whereas, traditionally, general practitioners have been the PSR’s primary focus, greater diversity of speciality is a continuing...
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...
No obligation on Tribunal to make all or any combination of protective orders available
Following the making of findings of professional misconduct against a registered nurse who had commenced a sexual relationship with a patient under his care in a psychiatric facility, the nurse consented to a package of orders which included (1) cancellation, (2)...
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...
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...
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...