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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 ...

  1. Health Blog

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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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HR Toolbox Edition 12 - 2018

Latest news Single Touch Payroll, The ATO will introduce the Single Touch Payroll (STP) Reporting system on 1 July 2018 for employers with over 20 employees and 1 July 2019 for employers with 19 or less employees. The objective of STP is to provide payroll data including superannuation, in “real time” across government platforms including the Departments of Human Services, Immigration and ASIC concurrently with the employer’s usual pay run....

  1. Employment Law and Workplace Relations Blog

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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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HR Toolbox Edition 11 - 2018

Latest news The Fair Work Commission has approved the amalgamation of the CFMEU, MUA and TCFUA which will take effect from 27 March 2018. An appeal to this decision has already been lodged by two employer groups. To read the full decision, click here., The McGowan Government has approved the drafting of a modernised workers' compensation statute. In a media statement released 15 February 2018, ...

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Federal Court dismisses bid to charge Asset Replacement Fee

Regis had commenced the proceedings seeking a declaration from the Court that the Asset Replacement Charge (ARC) may be lawfully imposed without contravening the Aged Care Act or its associated regulatory instruments. All individuals entering Regis’ facilities from 1 May 2016 have been asked to sign an agreement, which includes an agreement to pay the ARC. Regis ...

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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 ...

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Inexact evidence on causation sufficient to demonstrate material contribution

The Plaintiff suffered from epilepsy from six years of age. In 2010, at the age of 20, the Plaintiff underwent electroencephalographic monitoring, a telemetry testing procedure requiring sleep deprivation and the withdrawal of medication to induce a seizure to determine if surgery would be suitable to address her epileptic episodes. During the telemetry procedure the Plaintiff experienced a prolonged ...

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Notifiable Data Breach scheme commences

From 22 February 2018, the Notifiable Data Breaches (NDB) scheme will apply to all agencies and organisations with existing personal information security obligations under the Privacy Act 1988 (Privacy Act). All private sector health and aged care organisations are affected by the scheme requiring them to notify the Information Commissioner and any individuals likely to be at risk of serious harm in the event of an eligible data breach....

  1. Aged Care Blog, Health Blog

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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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HR Toolbox Edition 10 2018

Recent news In a recent controversial decision by the Full Bench of the Fair Work Commission, employers using “back to back” term contracts may now run the risk of facing an unfair dismissal claim where a contract is not renewed. Click here to read our full blog on this key decision. , The results of the Fair Work Ombudsman’s healthcare sector campaign have found that ...

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RISK ALERT: A non-renewal of a term contract may now be considered a dismissal by the employer

Generally, under the Fair Work Act 2009 (Cth) (FWA) an employee can only bring an unfair dismissal claim if their employment has been terminated at the initiative of the employer. Prior to the decision of the Full Bench of the Fair Work Commission in Saeid Khayam v Navitas English Pty Ltd t/as Navitas English [2017] FWCFB 5162 (Navitas) an employee under a term contract that expired and was not ...

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