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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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Retirement Village Consultation – Understanding the Obligation
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Retirement Village Consultation – Understanding the Obligation

The administering body of a retirement village has an obligation to establish appropriate procedures for consulting with residents on various matters under the Fair Trading (Retirement Villages Interim Code) Regulations (No. 2) 2018 (“RV Code”). These matters include: the future planning and budgeting of the retirement village and any other proposed change to the operating financial arrangements ...

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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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Health Service Investigation Report subject to Judicial Review
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Health Service Investigation Report subject to Judicial Review

The cardiologist was the subject of an investigation for maladministration of an indigenous health program.  The matter was investigated by health service investigators and a report dated 17 August 2018 set out their findings, analysis and relevant enquires undertaken (the Report). In short, the Report insinuated that the doctor had engaged in corrupt conduct through an omission in governance....

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HR + Employment Law: Latest Alert - Edition 19 May 2019
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HR + Employment Law: Latest Alert - Edition 19 May 2019

Update on the Federal Election 2019 Further to our February 2019 Alert, we provide below a list of some of the key policies of major parties in the area of employment and workplace relations. Unsurprisingly, the Coalition government as incumbents do not offer such a comprehensive extent of policies when compared with the ALP who are seeking to challenge the status quo.  Please click here for a list of the key policies....

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ANTI SOCIAL MEDIA
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ANTI SOCIAL MEDIA

A doctor has been reprimanded and suspended for his comments in online forums promoting violence against woman and racism. Dr Christopher Kwan Lee, who was employed by the Tasmanian Health Service and then worked as an emergency doctor at Box Hill Hospital in Victoria has also been asked to step down from his position while the health district completes its own, separate investigation. Dr Lee ...

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So you’re a home care provider who enters into brokerage arrangements … or are you?
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So you’re a home care provider who enters into brokerage arrangements … or are you?

‘Brokerage’ is a term frequently used by home care providers. In our experience it has become a term used to describe a number of situations in which providers use a third party to deliver services to a care recipient (ie client). In truth, an approved provider who engages a third party service provider can do so under a brokered model (as an agent) or under a subcontracting arrangement (as principal to a subcontractor)....

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Medical emergencies – is there a doctor on board?
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Medical emergencies – is there a doctor on board?

Last week, a two month old infant died on board an AirAsia flight from Kuala Lumpur to Perth. The tragic death followed an inflight medical emergency where the distressed baby was soon noticed to be grey in colour and struggling to breathe. The baby was treated immediately upon landing in Perth but was unable to be resuscitated. This very unfortunate incident raises a common question amongst the ...

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Not-For-Profits: It’s Ok to be ‘Profitable’
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Not-For-Profits: It’s Ok to be ‘Profitable’

Not-for-profit organisations from time to time seek advice from us before embarking on an exciting new commercial or income-generating venture. Often, they are prompted to seek advice because they are concerned with ensuring that they do not compromise their not-for-profit and/or charitable status. Not-for-profit organisations must of course, by their very nature, not generate a profit for their members....

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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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