Skip to content Skip to menu

competent professional practice

competent professional practice

Peer Professional Opinion Defence Rejected Again
Picture of

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....

  1. Health Blog

Read More

Picture of

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 and the wider community because of issues surrounding power imbalance, trust, safety and quality of health care. However, the new ...

  1. Health Blog

Read More

Picture of

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 – specifically, for failing to administer an additional antibiotic drug (gentamicin). Ultimately, the boy developed osteomyelitis and gangrene in his thumb, which consequently required amputation....

  1. Health Blog

Read More

Picture of

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 head and maternal pelvis. At 8:45pm she had entered the second stage of labour. She was pushing with each contraction and there was no sign of foetal distress....

  1. Health Blog

Read More

Picture of

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 restricted. Surgery to correct this problem was arranged to take place in two stages. The first operation was successful. The second ...

  1. Health Blog

Read More

Picture of

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 Mental Health Nurse Incentive Plan, in partnership with the Patient’s GP. In August 2011, the Patient died of a drug overdose as a direct result of multiple drug toxicity, including illicit drugs....

  1. Health Blog

Read More

Picture of

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 plaintiff subsequently underwent left lower lobectomy and lymph node dissection surgery. Post-surgery, analysis of the tissue dissected found that there was no cancer....

  1. Health Blog

Read More