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Immediate action prohibiting Doctor from performing circumcisions overturned
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Immediate action prohibiting Doctor from performing circumcisions overturned

The complaint concerned a circumcision undertaken by Dr Al-Naser on 6 September 2018 on a five month old male patient (the Circumcision), and the follow up care on 6 and 7 September 2018. The Patient experienced some bleeding and was subsequently admitted to Hospital where it was necessary for him to undergo surgery with blood transfusion.  The notification also raised issues regarding the documentation of the consultation and procedure, and informed consent....

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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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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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Assault or battery case against medical staff dismissed

The applicant was employed as a security officer at Gladstone Hospital. In the evening on 2 August 2012, he was observed to be acting unusually while at work and was directed by a co-worker to attend the Emergency Department. There he was seen by a nurse and a locum doctor who believed him to be either under the influence of alcohol or illicit drugs, or suffering from a medical condition that would require urgent attention....

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Podiatrist’s application for judicial review of Board’s decision to caution him dismissed

In October 2015, the Board received a notification from a patient on whom the podiatrist had performed surgery. The complaint had been about the result of the surgery and did not deal with the adequacy of the consultation, discussion of risks, and process of obtaining consent. After receiving the notification, the Board provided the podiatrist with a copy of the notification, and identified the ...

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Battery and negligence - Incisional hernia repair

The operation was performed by a surgical registrar under the supervision of a specialist general surgeon. Post-operatively, the plaintiff developed a severe infection associated with the placement of surgical mesh over the region of the hernia dissection. The plaintiff re-presented to the hospital on two further occasions after the operation. The plaintiff’s primary case was in battery alleging ...

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Doctor suspended for forging signatures to patient consent forms

Over a period of 12 months, the practitioner caused 37 patient consent forms to be signed by a person other than that patient in respect of surgical operations, procedures or medical treatment. He then knowingly provided to the Alfred Health and/or to the Royal Women’s Hospital those forged consent forms, knowing that they would form part of the patients’ medical record of that hospital....

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Department of Health provides clarity on fees

A recent update from the Department of Health has flagged that it is now aware that an increasing number of aged care providers are or are proposing to charge additional service fees to residents. In response to this the Department has advised that such fees “would not be supported by the legislation where the fee does not provide a direct benefit to the individual or the resident cannot take ...

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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 Family Court made an interim order authorising commencement of chemotherapy. In May 2016, the Family Court refused to order radiotherapy ...

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Addendum to Parens Patriae Applications – Alive and Well

The Hospital advised that the outcome of the chemotherapy had been pleasing but further chemotherapy alone would not save Oshin’s life and that a high level dose of radiotherapy was required to give him the best chance at survival. On this occasion Oshin’s parents had obtained a report from Professor Kellie, a specialist paediatric oncologist in Sydney. The report discussed the likely ...

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Guidelines for registered medical practitioners who perform cosmetic medical and surgical procedures

Cosmetic medical and surgical procedures are defined as operations and other procedures that revise or change the appearance, colour, texture, structure or position of normal bodily features with the dominant purpose of achieving what the patient perceives to be a more desirable appearance or boosting the patient’s self-esteem.  The Guidelines come into effect on 1 October 2016.  Key ...

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Parens Patriae Applications - Alive and Well

In March 2016 the Family Court of WA ordered that a six year old boy with a brain tumour undergo chemotherapy treatment after his parents had refused treatment and indicated that they wanted to pursue alternative therapies. Last week, the Qld Supreme Court ordered that a 12 year old girl may lawfully undergo an abortion when it was considered that this form of medical intervention fell outside the types of procedures for which parental consent could be given....

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