Blog
Medical negligence; failure of general practitioner to refer plaintiff for specialist treatment
Gulab Khan v Matthew Rathjen [2016] NSWDC 139 is a recent decision concerning a failure of a general practitioner to refer the plaintiff for...
Australian Law Reform Commission releases Issues Paper into Elder Abuse
The Australian Law Reform Commission (ALRC) has released an Issues Paper for inquiry and report into Elder Abuse (found here:...
Employer liable for manager’s belittling conduct
In Eaton v TriCare (Country) Pty Ltd [2016] QCA 139 the Queensland Court of Appeal found that an aged care facility had breached its non-delegable...
Addendum to Parens Patriae Applications – Alive and Well
The Hospital advised that the outcome of the chemotherapy had been pleasing but further chemotherapy alone would not save Oshin’s life and that a...
Guidelines for registered medical practitioners who perform cosmetic medical and surgical procedures
Cosmetic medical and surgical procedures are defined as operations and other procedures that revise or change the appearance, colour, texture,...
Parens Patriae Applications – Alive and Well
In March 2016 the Family Court of WA ordered that a six year old boy with a brain tumour undergo chemotherapy treatment after his parents had...
Delay found to be abuse of process
The patient had died in September 2005 following an angioplasty procedure performed by the practitioner. The patient’s widow lodged a complaint in...
Duty of Care to Trainees – a novel approach
In Sklavos v Australasian College of Dermatologists [2016] FCA 179, Dr Sklavos made 3 claims against the College, being: The College engaged in...
Is the end of the ‘once and for all’ rule nigh?
The Law Reform Commission of WA released a discussion paper in November 2015 on provisional damages and damages for gratuitous services. Whilst...
Employer not required to disclose bullying report in unfair dismissal claim
The FWC upheld the employer’s claim of legal professional privilege over an external report and surrounding documents, because they were created to...