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Patient who suffered a stroke fails in her medical negligence claim against cardiologist

In September 2006, the patient was referred to the cardiologist for investigation of possible involvement of her heart in neurological symptoms which she had recently experienced. In her claim the patient alleged the cardiologist failed to carry out sufficient investigations and failed to diagnose or to prescribe treatment for a patent foramen ovale (PFO). On 7 June 2007 the patient suffered a stroke which left her significantly disabled....

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In the FWO’s line of fire: A warning to all medical practice owners/doctors

The Federal Circuit Court of Australia has ordered that Windaroo Medical Surgery pay a pecuniary penalty of $39,600 for acting in contravention of sections 343 and 340 of the Fair Work Act 2009 (Cth).  The unlawful conduct included: making the following threats to coerce the doctor into not pursuing a complaint that he had made to the Fair Work Ombudsman against the surgery (Complaint); threatening ...

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Amendment of patient medical records under the FOI Act

Under the Freedom of Information Act 1992 (WA), a person has the right to apply to a government agency to amend any inaccurate, incomplete, out of date or misleading information personal information in their medical records. An agency may amend personal information by doing things such as striking out or deleting information, or inserting a note in relation to information. Information, however, ...

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State Administrative Tribunal Annual Report 2015-2016

Vocational Regulation matters, which include disciplinary and professional regulation of health practitioners, lawyers, security agents and real estate and settlement agents, comprised only 3% of matters in the Tribunal for 2015/16 period, with 80% of those matters able to be resolved within 25 weeks of the date of lodgement - 2 weeks shorter than the Tribunal's benchmark. Matters ...

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Alleged failure to diagnose melanoma

The New South Wales Supreme Court (NSWSC) has found that a doctor did not breach his duty of care in his diagnosis of the presence of a plantar wart instead of melanoma in the deceased's foot. The Court accepted that at the times the treating doctors saw the lesion on the deceased’s foot from 3 September 2009 up to and including 11 February 2011, it had the appearance of a plantar wart and ...

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Selling a Dental Practice in Australia? What you need to do to prepare.

Being prepared will not only avoid costly delays but could also maximise the value. Here are some tips to assist you in preparing to sell a dental practice …. Make sure your Lease has enough time left to run. If you lease your dental practice premises it is important to review your current leasehold arrangements and determine: How long is left to run on your lease?, If ...

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COAG Health Council meeting considers paramedics, midwives and chiropractors

At the COAG Health Council meeting on 7 October 2016, Health Ministers agreed to proceed with amendments to the Health Practitioner Regulation National Law (the National Law) to bring paramedics into the National Registration and Accreditation Scheme (NRAS) for health professions, alongside 14 other regulated health professions. A draft amendment bill is expected to be brought forward to Ministers for approval early in 2017....

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Aged Care Complaints Commissioner Annual Report

The Aged Care Complaints Commissioner Annual Report 1 July 2015 – 30 June 2016 is the first annual report since the transition from the former Aged Care Complaints Scheme and Aged Care Commissioner to the Aged Care Complaints Commissioner on 1 January 2016. The report describes the types and numbers of complaints seen and how these are dealt with. Highlights of the report include: 2,153 formal complaints were received....

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Importance of providing coroner with detailed evidence of root cause analysis and corrective action

The inquest In Inquest into the death of Michael James Calder, Deputy State Coroner Lock of the Coroners Court in Queensland considered the circumstances of Mr Calder’s death in the Holy Spirit Northside Private Hospital (hospital) in July 2014. Mr Calder was aged 33 years and had been referred by his GP to the hospital with a three day history of severe occipital headaches, neck pain and stiffness with increasing severity of his headache....

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Are you ready for the new business-to-business unfair contract term laws?

ACCC Deputy Chair Dr Michael Schaper has explained that ”the new law will apply when a term in a small business standard form contract: causes a significant imbalance in the parties’ rights and obligations, isn’t reasonably necessary to protect the legitimate interests of the party advantaged by the term, and, causes financial or other detriment (such as delay) to a small business if it were relied on....

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Nurses disciplined for using restraints on vulnerable patient with dementia

The patient was initially restrained for some two hours in the Ward’s lounge room. Thereafter while he was still being restrained in a chair by means of a pelvic posey, the two nurses used a second pelvic posey to fasten the chair to railing in a corridor near the nurses station. The patient was left there for about nine hours. Contrary to general principles, common sense and various applicable ...

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Mother awarded $1.8m in damages after her baby dies in hospital

Background. In mid-April 2010, the mother suffered from a severe attack of gastroenteritis. She was required to attend Wagga Wagga Base Hospital every day for a period of three weeks. Daily CTG monitoring of her baby was carried out and an ultrasound was performed every second day. On 14 May 2010, she underwent a series of tests, including another ultrasound. A doctor told her she was fine and could go....

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