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Preventable death finding highlights risks posed by violent residents
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Preventable death finding highlights risks posed by violent residents

Betty Quayle was 89 years of aged when she died on 31 May 2013.  Mrs Quayle resided at an aged care residential facility in Cairns. Resident A also resided at the same aged care residential facility.  Resident A was 74 years old and suffered from cognitive impairment, consistent with alcohol related dementia. At about 3:00am on 30 May 2013, Resident A wandered from his wing and inadvertently into Mrs Quayle’s room....

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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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 £37 million Damages awarded in UK Clinical Negligence claim
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£37 million Damages awarded in UK Clinical Negligence claim

A 6 year old boy was awarded £37 million  (AUD$67.39) after suffering catastrophic brain damage following a delay in administering anti-viral medication.  The Claimant contracted the Herpes Simplex virus at birth at Watford General Hospital in 2012.  He suffered significant cognitive and motor impairment, eyesight and communication problems and behavioural issues. Liability was admitted and an apology was given at an early stage....

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Peer Professional Opinion Defence Rejected Again
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Peer Professional Opinion Defence Rejected Again

Mr Frangie (the Deceased) suffered a heart attack at home. He was taken to Liverpool Hospital where, following investigations, it was found he had suffered a ST elevation myocardial infarct (STEMI). As it was likely that the Deceased had been suffering the heart attack for at least a day prior to attending hospital, his late presentation suggested that his prognosis was poor. He was discharged after 5 days, on 18 November 2016, but died at home on 21 November 2016....

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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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Tighter regulation on the horizon for unconventional or alternative medicine
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Tighter regulation on the horizon for unconventional or alternative medicine

The Medical Board of Australia (Board) is considering introducing new guidelines to establish clearer regulation of medical practitioners who provide complementary or unconventional medicine or emerging treatments (Proposed Guidelines). The Proposed Guidelines would supplement the Board’s current Code of Conduct, similar to the Sexual Boundaries Guidelines introduced by the Board late last year....

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Medical Board “Bonk Ban”: what you need to know

It has always been essential for doctors to maintain professional boundaries and not establish or pursue any sexual, exploitative or other inappropriate relationship with someone under their care. Such relationships are always unethical and usually harmful to patients and the wider community because of issues surrounding power imbalance, trust, safety and quality of health care. However, the new ...

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Varicose veins: risks and benefits of undergoing elective surgery

The then 58-year-old patient attended upon the vascular surgeon in April 2014 on referral from her GP regarding her varicose veins. The patient’s friend had suffered a blood clot caused by varicose veins which had broken apart and resulted in a serious condition requiring hospitalisation. In July 2014, the patient underwent varicose vein stripping surgery and later developed right hip and buttock pain requiring ongoing therapy and pain management....

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Failure to warn gives rise to wrongful birth claim: Nouri v Australian Capital Territory [2018] ACTSC

Saba Nouri was born on 3 November 2011 to the plaintiffs with severe disabilities. Saba’s disabilities were characterised as VACTERL association – a collection of vertebral, anorectal, cardiac, tracheo-oesophageal, oesophageal, renal and limb abnormalities. The plaintiffs submitted that the hospital should have informed them about concerns for Saba’s health that arose during the pregnancy....

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Report of the Joint Select Committee on End of Life Choices

The report recommends the introduction of a bill for voluntary assisted dying, which should be drafted in consultation with a panel of experts, including health and legal professionals and health consumers. The framework proposed by the report differs from the Victorian legislation in that eligibility for assisted dying is not dependent on a timeframe in which it is anticipated that the person will ...

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Court orders brain surgery on 12-month-old baby against parents’ wishes

Baby K was born on 22 July 2017 with cortical dysplasia in the left hemisphere of his brain. As a consequence, K suffers from a form of epilepsy that is unresponsive to medication. He has spent 10 of his 12 months of life in Lady Cilento Children’s Hospital in Brisbane due to his severe and frequent seizures. K has undergone various treatments, including anticonvulsive drugs, a trial of cannabis oil and ketogenic diet, which have proved largely ineffective....

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Doctor denied procedural fairness by Tribunal

Proceedings had been commenced in the Tribunal by the Medical Board alleging a breach of professional boundaries, sexual misconduct, misleading entries in clinical notes and making false statements to AHPRA and the Board. Following conferral between the parties, a document entitled "Minute of Proposed Orders" was signed by the solicitors acting for the parties. The Minute took the form of an order ...

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