Skip to content Skip to menu

Health Blog

Health Law Blog

Picture of

Hospital’s breach was not causative of psychiatric patient’s attempted suicide

Daniel Smith, 25, reported depression, crying and insomnia to his GP on 15 April 2008. This was secondary to his break up with his ex-fiancée, pain from a motor vehicle accident in 2006, associated court proceedings, and his excessive consumption of alcohol. On 30 October 2008, Mr Smith consulted his GP reporting insomnia and anger following another break up with his ex-fiancée. He was ...

  1. Health Blog

Read More

Picture of

Defaming a doctor online proves costly

In March 2010, Mr Mazzella underwent a hip arthroscopy, performed by orthopaedic surgeon, Dr Al Muderis. Subsequently, the patient claimed that the surgeon performed the operation negligently, causing numbness in his genitals and decreased sexual function. Dr Al Muderis sent the patient for various neurology and urology tests, which found no evidence of nerve damage. Mr Mazzella commenced legal ...

  1. Health Blog

Read More

Picture of

Surgeon and anaesthetist negligent for failure to abandon operation

The patient, Mr Hobson, was born with Noonan Syndrome, a genetic disorder which manifested in a severe lordoscoliosis and idiosyncratic shape of his chest as a result of which he had developed difficulties breathing. Mr Hobson’s condition had deteriorated to the point where he required operations to remedy this defect. The first surgery was performed on 13 November 2009 and was carried out uneventfully....

  1. Health Blog

Read More

Picture of

Senate Standing Committee reports on AHPRA complaints management.

Following review of numerous submissions from stakeholders and two public hearings, the Senate Standing Committee has found that AHPRA's failure to provide information and transparency in its complaints process has led to both practitioners and notifiers losing confidence in the system. Criticism was also raised of the length of time taken to process complaints. The committee formulated 14 recommendations ...

  1. Health Blog

Read More

Picture of

Abuse of Process in Disciplinary Proceedings

SAT proceedings were commenced by the Medical Board of Australia (MBA)  against the Practitioner in late 2014 following receipt of a notification from the patient's widow in 2012. The notification related to the performance of an angioplasty procedure for the patient in 2005. In July 2015 the MBA amended the application to include further claims, being the "False Representation Claim" and the "Inadequate Training Claim"....

  1. Health Blog

Read More

Picture of

Medical Board and AHPRA adopt all recommendations of chaperone report

The Medical Board of Australia (MBA) and Australian Health Practitioner Regulation Agency (AHPRA) recently released the report Independent review of the use of chaperones to protect patients in Australia and have accepted all its recommendations. The review found the use of chaperones does not meet community expectations and does not always keep patients safe. The review considered whether, and ...

  1. Health Blog

Read More

Picture of

Responsible advertising of health services

The Advertising compliance and enforcement strategy for the National Scheme explains how National Boards and AHPRA will manage advertising complaints and compliance, including the regulatory powers available to deal with breaches of the National Law. Under the National Law, a regulated health service or a business providing a regulated health service must not advertise in a way that: is ...

  1. Health Blog

Read More

Picture of

GP Suspended for Slapping a Child's Face during Consulation

The child and his mother had attended for an appointment so that the GP might try to help the child swallow his ADHD medication. The GP attempted to teach the child how to swallow the medication over a period of about 50 minutes. The child refused and fidgeted in his chair. At one stage, the GP placed his feet on the top of the child's feet in an attempt to keep him still. The child continued to refuse ...

  1. Health Blog

Read More

Picture of

Hospital negligent over amputation of child’s thumb

The plaintiff had sustained a severe complex crushing injury to his left thumb and was diagnosed with fractures. Following his presentation to the hospital, the plaintiff’s surgery for wound exploration, washout and fixation of his fractures was postponed until the next morning due to the later arrival of other emergencies that hospital staff had assessed as having higher priority. The plaintiff also received antibiotic therapy at the hospital....

  1. Health Blog

Read More

Picture of

New AMA Code of Ethics for Doctors

For the first time since 2006, the Code has been substantially revised, culminating in the Code of Ethics 2004. Editorially Revised 2006. Revised 2016. AMA President, Dr Michael Gannon, says that a Code of Ethics is essential for setting and maintaining the very high standards of ethical behaviour that society expects from the medical profession. The updated AMA Code of Ethics for the first time ...

  1. Health Blog

Read More

Picture of

New Privacy Act Data Breach Obligations Update

Eligible Data Breaches The Act sets up a scheme for notification of ‘eligible data breaches’. An eligible data breach happens if: there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by an entity; and, the access, disclosure or loss is likely to result in serious harm to any of the individuals to whom the information relates., Examples ...

  1. Aged Care Blog, Health Blog

Read More

Picture of

Surgeon reprimanded and fined for permitting doctor not registered in Australia to perform operation

In a recent decision of the Professional Standards Committee Inquiry, a colorectal surgeon, Professor Morris, was found guilty of unsatisfactory professional conduct for knowingly enabling an overseas based doctor, Dr Sugarbaker, who was not registered under the National Law, to perform surgery on a patient. Professor Morris was involved in organising a colorectal surgery conference in Sydney in 2014....

  1. Health Blog

Read More