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Voluntary Assisted Dying Bill Passed

The Voluntary Assisted Dying Act 2019 was passed by Parliament on 10 December 2019 and is currently awaiting Royal Assent. However, the Act will not become operational for approximately 18 months or so, to allow time for the Voluntary Assisted Dying Board to be established and a service delivery framework and clinical guidelines developed to ensure that the process is undertaken safely and in accordance with the legislation....

  1. Aged Care Blog, Health Blog

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WASAT provides clarity over meaning of ‘mental disability’

Key issue Whether FY suffered from a mental disability and whether by reason of that mental disability, is FY unable to make reasonable judgments regarding her estate., Background FY applied for review of a Tribunal decision which declared her unable, by reason of mental disability, to make reasonable judgments in respect of matters relating to her estate. FY was found to have a mental disability and an administrator was appointed....

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Practitioner successful in removing conditions on registration

Issues The Applicant lodged an appeal seeking review of a decision made by the Nursing and Midwifery Council of NSW not to remove conditions imposed on her registration. The Tribunal were required to determine whether it was appropriate that the conditions be removed. Background The Applicant for several years had dealt with mental health issues, which in some instances resulted in periods of treatment in and out of hospital....

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WA Country Health Service defends claim of medical negligence
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WA Country Health Service defends claim of medical negligence

Key issue The Plaintiff alleged that: a medical officer at the Hospital incorrectly recorded on a discharge summary sheet that an injury to his left acromioclavicular (AC) joint was a subluxation rather than a dislocation; and omitted to refer him to seek orthopaedic review to determine the most appropriate form of treatment for his injury; and, the Hospital’s failures gave rise to ...

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Applicants successful in pelvic mesh implantation devices class action

 Key points The law does not require goods to be completely free from risk, but it does require manufacturers and suppliers to disclose those risks to the prospective consumer and to continually evaluate and advise of their safety., Manufacturers of medical devices cannot avoid liability simply on the basis of:, being certified as meeting the applicable safety standards (e....

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Could a patient's super pay for their dental treatment?
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Could a patient's super pay for their dental treatment?

In David McMullen's recent article, Could a patient's super pay for their dental treatment?, David shares his insights on: Early access to superannuation on compassionate grounds for medical treatments including dental., Dentist's role in certifying applications for early release., Commonwealth Government's review of the framework for early release of superannuation benefits on compassionate ...

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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....

  1. Aged Care Blog, Health Blog

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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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