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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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So you've received a negative online review...
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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 can ask the patient commenting to remove the online comment., You can ask the website administrator to remove the online comment....

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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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Dealing with the Professional Services Review Agency
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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 trend with more dentists, chiropractors, nurse practitioners, independent midwives and optometrists finding themselves subject to the PSR’s processes in the last year....

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PSR continues to recover significant payments in 2019
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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 repayment was $550,000.00. The agreements were made pursuant to section 92 of the Health Insurance Act 1973 (Cth) with practitioners who ...

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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) disqualification and (3) prohibition. Despite the nurse's consent and the absence of any argument about protective orders, the Tribunal made only one of the protective orders, being (1) cancellation....

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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 be induced. After arriving at hospital at about 4:30 pm, she was attached to a foetal heart rate monitor. By 4.58 pm abnormalities ...

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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....

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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....

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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 same ward. The plaintiff had suffered a PTSD as a result. The plaintiff alleged that the abuse and assault only took place because ...

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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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Immediate action against practitioner after suspension of medical licence in US

The immediate action process arose from a notification the Board received in August 2016 that the practitioner, who was practicing in both the US and Australia, had had his medical licence summarily suspended in June 2016 by Judge Mandala, an Administrative Law Judge of the Alaskan Office of Administrative Hearings. The practitioner’s suspension in Alaska followed an investigation into his prescribing ...

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