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Appeal Dismissed - Medical Practitioner facing criminal charges permitted to practice pending outcome
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Appeal Dismissed - Medical Practitioner facing criminal charges permitted to practice pending outcome

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 action. The Board had suspended the practitioner’s registration under s156(1)(e) of the Health Practitioner Regulation ...

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Patient awarded $450,000 following failure to administer troponin blood tests
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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 not include the administration of a series of blood tests designed to measure the level of a particular protein complex called ‘troponin’ in the blood....

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Continued Suspension not in public interest
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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 practitioner's appeal. Click here to read the decision in Hill v Medical Council of New South Wales [2019] NSWCATOD 97. On Appeal, the Medical ...

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Patient unsuccessful in claim alleging GP failed to warn against reaction to cryotherapy procedure
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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 the procedure, the patient and his wife went on a holiday interstate when he claimed that his lips became very sore, swollen, ulcerated and extremely painful....

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Medical negligence rotator cuff injury claim fails
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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 advise her as to proper care for her shoulder. The plaintiff alleged that by reason of the defendants’ failures, her treatment ...

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Patient unsuccessful in negligence claim against GP for alleged failure to refer for specialist medical treatment earlier
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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 diagnosed with diabetes and had a number of other health complaints including high blood pressure and poor renal function. In ...

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Anaesthetist who undertook unnecessary rectal examination succeeds in staying suspension of his registration
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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 against the suspension is heard in full. Dr Adam Hill’s registration was suspended by the Medical Council of New South Wales on and from 4 March 2019....

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Redetermination of Penalty following Appeal provides similar outcome
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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 Doctor’s misleading medical notes on the Patient and his prolonged course of conduct between 18 November 2013 and 15 April 2015, ...

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Informed consent and usual practice of doctors
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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 Melbourne Hospital (the defendant’s hospital), where he was treated conservatively. He was discharged five days later, and subsequently ...

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 £37 million Damages awarded in UK Clinical Negligence claim
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£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 significant cognitive and motor impairment, eyesight and communication problems and behavioural issues. Liability was admitted and an apology was given at an early stage....

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Peer Professional Opinion Defence Rejected Again
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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 attack for at least a day prior to attending hospital, his late presentation suggested that his prognosis was poor. He was discharged after 5 days, on 18 November 2016, but died at home on 21 November 2016....

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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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