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Quality of Care Principles - current attempts to minimise use of restraints in aged care
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Quality of Care Principles - current attempts to minimise use of restraints in aged care

The Quality of Care Principles under the Aged Care Act 1997 were amended with the aim of minimising the use of physical and chemical restraints in residential aged care, effective 1 July 2019. The amendments came in a climate of adverse media coverage (notably, images on television of residents with dementia being strapped to chairs) and scrutiny from the ongoing Royal Commission into Aged Care Quality and Safety....

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The AMA 10 Minimum Standards for Prescribing

The AMA has released its new 10 Minimum Standards for Prescribing to ensure patient safety and high-quality health care. The AMA’s new Prescribing Standards are consistent with medical ethics and frameworks for the quality use of medicines, and were developed to make clear the minimum standards required of all prescribers authorised to prescribe S4 and S8 medications. The 10 Minimum Standards ...

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Mere chance or possibility to have achieved a better outcome insufficient for appeal

Key issues In this case, the Court of Appeal was required to determine whether the trial judge had erred in finding that hospital’s medical practitioners had requisite expertise to provide treatment advice; in finding loss was no more than loss of a mere chance of better medical outcome; and in weight given to evidence as to usual practice., Background The Applicant had sustained ...

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Stroke victim unsuccessful in negligence claim against doctor and health service

Key issues In this case the Court was required to determine whether the Plaintiff’s stroke symptoms progressed despite, not because of, the administration of thrombolysis treatment., The case highlights the difficulty of demonstrating causation in medical negligence cases, particularly in the absence of medical evidence., Background The Plaintiff claimed damages for personal injury ...

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Impaired practitioners: not automatically precluded from practice

Key issues In DYB v Medical Board of Australia [2019] NSWCATOD 162, the Tribunal considered the concept of “impairment” for practitioners and its application under the National Law., The decision confirms that with appropriate medical support many practitioners with an impairment are able to practise without affecting the health and safety of the public., Background In 2015, Dr DYB surrendered her registration due to her health....

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Contractual indemnities - Why give them? Why ask for them?

It is always important to understand what is actually being agreed when you ask for or commit to an indemnity provision. Please click on the image below to download an article by David McMullen which was originally published by the Australian Dental Association in 'Western Articulator.' In addition to dentists this article is relevant to other health care practices. 

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Individuals and small businesses protected against unfair contract terms
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Individuals and small businesses protected against unfair contract terms

The ACL is found in Commonwealth legislation and also applies as a law of Western Australia by operation of the Fair Trading Act 2010 (WA). This article by David McMullen outlines what constitutes an unfair contract term, who the laws apply to and what happens if a contract term is unfair. Please click on the image below to download the article originally published in the Australian Dental Association WA Branch's Western Articulator....

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Are you a health care practice looking to review or renew a lease?

You should consider these factors when looking to lease new premises or when a lease of existing premises is up for renewal. For some top tips, please click on the image below to download a full copy of David McMullen's article originally published in the Australian Dental Association WA Branch’s Western Articulator. In addition to dentists this article may be relevant to other health practices....

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Heparin injection causing nerve injury sounds in damages of $250K

On 11 August 2014, the Plaintiff underwent an abdominoplasty (tummy tuck) and subsequently required subcutaneous injections of heparin twice daily. The first heparin injection was administered by a female nurse who “pinched” the Plaintiff’s left thigh and administered the injection beneath the skin with no pain and no complications. The second heparin injection was administered by a male nurse later that same day....

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Chiropractor reprimanded and fined $7,500 for failing to comply with CPD and first aid requirements and attempting to deceive the regulator

The Victorian Civil and Administrative Tribunal (“Tribunal”) found that the Practitioner behaved in a way that constitutes professional misconduct after he: declared on five occasions when applying to renew his registration that he had met the Continuing Professional Development (CPD) requirements when he had not;, declared on four occasions when applying to renew his registration ...

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Radiographer's indecent assault leads to criminal conviction and disqualification

In March 2017, Patient A was admitted to hospital reporting difficulty breathing and chest pain. While alone in the X-ray room with Patient A, after making inappropriate comments about her breasts, the radiographer touched and squeezed Patient A’s right breast for about three seconds. The radiographer was stood down from his position the following day. In August 2017, after pleading guilty, ...

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Court of Appeal gives guidance on operation of s.5PB

The respondent suffered further injury as a consequence of having developed Acute Respiratory Distress Syndrome (ARDS). The ARDS in turn caused the respondent to suffer cardiac arrest, multi-organ failure and other injuries. Whilst the appeal challenged a number of factual findings made in the District Court decision, it also challenged the trial judge’s construction of s.5PB of the Civil Liability Act....

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