Health

Meridian has one of the largest and most expansive health law practices in Australia. Our deep understanding of the business of health and its regulations is unparalleled. Clients in the health sector benefit from our hands-on approach and nuanced understanding of insurance, corporate and commercial, workplace relations and safety law.

Our clients include leading local and overseas insurers, some of Australia’s most prominent companies and organisations, a large number of professional member associations, and hundreds of health care businesses and individual health care practitioners.

We have established relationships with numerous national peak bodies across the health care sector, which gives us unique insight into issues that all industry participants face. We act for many healthcare allied health services on a wide range of issues including corporate and commercial transactions and advise on the regulation of health and healthcare services across Australia, medico-legal as well as litigation advice concerning professional indemnity and public liability claims.

A number of our lawyers are recognised by Best Lawyers Australia 2021 in Health and Aged Care and Medical Negligence. Meridian was also recognised in the latest edition of the Doyle’s Guide as one of Australia’s leading medical negligence and professional indemnity legal practices.

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Our deep knowledge and experience allows us to help clients navigate the unique industry issues they face in a strategic and practical way.

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Insights

Pharmacists: are you ready for the COVID-19 vaccine rollout?

ACCC alleges SmileDirectClub misled consumers regarding health insurance reimbursements for clear teeth aligners

High court affirms parents can consent to puberty blockers on behalf of their children

Real time prescription monitoring: assisting practitioners to make better informed prescribing decisions

Pitfalls of promoting health services on social media

Extended powers of HCC include investigating complaints incidental to the provision of health services

Gender Dysphoria and Children: Lessons from R v Tavistock

VCAT confirms COAG Ministerial Direction 2019-1 not binding on Tribunals

Health Complaints Act 2016 (Vic) – does it really apply to me? Important implications for registered health professionals employed by bodies corporate in Victoria

Make privacy a priority, today and every day

Do your staff members understand their obligations regarding the handling and storage of personal information?

New and expanded AHPRA Advertising Guidelines: a welcome aid to compliance

A case scenario on patient privacy – can I discuss a deceased patient’s care with their family members?

A case scenario on death certificates – who can sign them and when?

Federal Court of Australia confirms Professional Services Review (PSR) has the power to order part repayments

Coroners Court Directions Hearings now required within 28 days for mandatory inquest deaths

No half doses in pharmacy ownership

VCAT upholds use of immediate action power to suspend doctor over social media use

UK High Court applies established duty of care principles to legalise professional guidance which permits disclosure of confidential information to a proximate third party without consent

Three years on from the chaperone review, AHPRA celebrates changes to the regulatory landscape of sexual boundaries notifications

Accidentally sending an email to the wrong email address can cost you

Professional Services Review (PSR) launches telehealth review

Listen to the experts: Chatoor v Health Care Complaints Commission of NSW [2020] NSWCA 111

What do I do if there is an accidental breach of my patient’s privacy? Advice for health practitioners and organisations

Taking action against health practitioners in the “public interest” – two years on, how is the new immediate action power being applied in practice?

Private Health Insurer audits – a reminder to exercise caution and to ask for help

Coroner’s findings emphasise the potential risks of relying on telehealth without in-patient review

A warning to health practitioners: is your professional indemnity insurance in place?

Western Australia: What are the Mandatory Reporting Requirements for Registered Health Practitioners?

Using the new MBS telehealth item numbers to care for patients from home? Here are some of the risks and limitations for medical practitioners

A reminder on section 130 of the National Law: notify the National Boards of ‘certain events’, or face a possible finding of unprofessional conduct

Recent Applications in personal injuries claims impacted by COVID-19

WA hospital negligent for not recognising sepsis in infant burns patient resulting in irreversible brain damage

Supreme Court of Victoria opts to hear would-be jury trial by judge alone in an effort to keep the wheels of justice turning

Professional Services in New South Wales – approval is required

Bushfire Emergency Declaration

A wrongful birth case study: Nouri v Australian Capital Territory [2020] ACTCA 1

Health practitioner seeks help from the Federal Court to uncover identity of negative Google reviewer

AHPRA releases revised Guidelines for Mandatory Notifications about registered health practitioners

Regulation of unregistered health practitioners in WA – is the current system adequate?

Audio and Video Records – are they legal?

Soutorine and The Medical Board of Australia [2020] WASAT 5

A case study in causation

Social Media: What’s OK – What’s Not

Owing prescriptions – are you courting danger?

Payroll tax clampdown on healthcare clinic operators

Electronic Prescriptions

General practitioner successfully appeals negligence finding

Coroner recommends new standard for in patient observations

VCAT confirms that disciplinary consequences may befall practitioners who treat their own family

A reminder about the potential strength of ‘usual practice’ evidence

Nurse slammed for profiting under patient’s will and pressuring peers

Handling sensitive health information about patients and customers – do you understand your obligations?

You have received a notification – what now?

What happens to healthcare complaints in Western Australia?

Striking the balance: Do the recent amendments to mandatory reporting obligations go far enough?

Ask for help, and ask early – advice for surviving an AHPRA notification

A gift bejewelled with risk

Revocation of registration as a registered provider of supports under the NDIS

Be Data Smart

Professional medical organisations collaborate to help bring clarity on medical costs for patients

Steroids and hormone therapies – Off label use or misuse/abuse?

How medical practitioners can manage negative online reviews

Victorian Voluntary Assisted Dying legislation comes into force in June

SafeScript provides prescribers and pharmacists with real time access to the prescription history of their patients for high risk medicines.

Medicare Shared Debt Recovery Scheme to significantly affect recovery of incorrect Medicare billings from next month

Police in Victoria and Western Australia, to share information with AHPRA

Professional Performance under the Spotlight | Inquiry into the actions of the regulator and local health district

New powers used by Health Complaints Commissioner to stop unregistered service providers making false claims

Restrictions on the use and disclosure of confidential communications between a victim of sexual assault and treating health practitioners

Is the ‘irrational’ exception feasible?

Federal Court confirms strict interpretation of the 80/20 rule under the Health Insurance Act 1973

How can you tell if you have been given a forged prescription and what to do if you have

Shared Debt Recovery Scheme to hold both medical practitioners and employing and contracting organisations responsible for incorrect Medicare billing

My Health Record: Important Information for Healthcare Providers

Statutory privilege does not prevent disclosure of records in VCAT proceedings

What are pharmacists’ obligations when supplying pseudoephedrine?

No professional misconduct finding for General Practitioner’s ‘grave error of judgment’

Professional Opinions – how much weight do they carry?

Professional Misconduct – fact or fiction?

Royal Commission into Aged Care Quality and Safety

Can a loss of superannuation pension form part of a loss of earning claim for a retired claimant?

Getting it right – meeting your legal and professional obligations in advertising

Board removes links to past disciplinary decisions – but not all of them

High stakes for organisational heads as Victoria introduces new requirements as part of reportable conduct scheme

Medication Misadventure – Methotrexate: A reminder to pharmacists to exercise independent judgment about the safety of a prescribed medicine.

Putting the past behind you? Not any more, as Medical Board starts displaying links to old disciplinary decisions on the National Register

Missing faxed scan result triggers the Coroners Court to call for robust standards regarding the communication of radiology results

Sparks v Hobson; Gray v Hobson [2018] NSWCA 29: Is this a prelude to the expansion of the peer professional opinion defence in NSW?

‘SafeScript’ Roll-out: An update for practitioners on important regulatory changes from 1 July 2018

Misuse, interference or loss of personal information by pharmacists – new mandatory notifications for data breaches

NSW Health Services Organisations face key changes to Root Cause Analysis procedures

Supreme Court of Victoria confirms availability of statutory privilege over clinical records in VCAT

National registration of paramedics – mandatory notifications: what paramedics need to know about their mandatory reporting obligations

Overhaul gets the go ahead for mandatory reporting laws regarding treating healthcare professionals

Reflections on a recent experience with ‘hot tubbing’ in the Coroners Court

Outrage as junior UK doctor is convicted of manslaughter and struck off

Accepting gifts from patients – before you partake of that bottle of wine, stop and consider a few factors

Victoria to roll out real-time prescription monitoring system in 2018

Medical Board seeks community input on revised sexual boundaries guidelines

National registration of paramedics 2018

Changes to Medicare Benefits Schedule Items for Spinal X-Ray Services – Why, how and what now?

Proving residual working capacity: a defendant’s burden to bear

Case study: pitfalls of crossing the boundaries

Sweeping reforms in Victoria proposed to lift hospital safety

Medical Board reforms for older medical practitioners and those the subject of multiple complaints

Video: Negligence and Consent in the Medical Profession

Landmark advertising fine warns that the tiger has teeth

National Boards armed with new public interest power to take immediate action against health practitioners

National registration of paramedics – registration standards

Massive Privacy Breach: A lesson in using third party web service providers

“Check, Correct, Change” guidance published by AHPRA a welcome resource for practitioners seeking clarity in advertising regulation

Pharmacy insights – Spring 2017

Disclosure of confidential genetic information to relatives

A reminder for pharmacists: exercise caution when dispensing Schedule 3 Poisons

Beware of altered, forged or fraudulent prescriptions: a reminder for pharmacists

Meridian Lawyers named in Best Lawyers in Australia 2018 edition

Dental insights: Is your radiology equipment registered and your radiology licence up-to-date?

A reminder to ensure the dental justification for treatment plan is clearly recorded

Real-time prescription monitoring: what does it mean for health practitioners?

Choosing the right business structure

Succession planning for your partnership

Private health insurers to face proposed new risk management prudential standard

What do I need to know about the new Health Complaints Act 2016 (Vic)?

Advertising: A timely reminder

Telemedicine – minimising new liability risks

ACCC targeting businesses with an online presence

Foresights: Internet of things and social media – Parts 1 & 2

Meridian Lawyers named in Best Lawyers

Pharmacy location rules: Who are ‘persons aggrieved’ by new approvals?

Online pharmacy retailer pays $32,400 for misleading product pricing

When is an expert the right expert?

The changing state of play: The natural evolution of the professional regulation of pharmacy

Storage and prescribing of medication in the dental surgery

Fast-tracked orthodontic treatments give rise to informed consent and scope of practice issues

Schedule 8 medications: A disturbing trend in storage and record keeping

A reminder of what is notifiable conduct, and the consequences of failing to notify

New office aims to improve johnson v triple c process in Queensland

The dentist as an independent expert witness

Credit reporting regime under the Privacy Act has a new bite

Pharmacy alert: maintaining script certifications

Medico-legal issues for radiographers

AHPRA audits: tips for registered health professionals

Joint statement on dental audits: ADA, Guild Insurance and Meridian Lawyers

Privacy, legal liability and the pharmacist

Health professionals: Are you complying with your obligations?

e-health: A new frontier for health practitioners

Infectious diseases & child care: what about staff members?