Insights

  • Health,
  • Jul 31, 2020
  • Author: Nevena Brown
  • INSIGHT: Listen to the experts: Chatoor v Health Care Complaints Commission of NSW [2020] NSWCA 111

    The NSW Court of Appeal (“NSWCA”) recently overturned a decision of the NSW Civil and Administrative Tribunal (“the Tribunal”) in relation to two complaints concerning Dr Roger Chatoor (a cardiologist). Dr Chatoor appealed the Tribunal’s findings of unsatisfactory professional conduct on the primary basis that it had failed to correctly apply the relevant statutory test […]

  • Health,
  • Jul 20, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: What do I do if there is an accidental breach of my patient’s privacy? Advice for health practitioners and organisations

    It is trite advice to Australian health practitioners to say that they must exercise caution when dealing with their patients’ sensitive health information. However, even the most cautious practitioner or organisation can fall victim to an inadvertent breach of patient privacy.  Accidents happen, and Meridian Lawyers frequently receives requests for assistance from practitioners or organisations […]

  • Insurance,
  • Jun 30, 2020
  • Author: Robert Minc Author: David Randazzo
  • INSIGHT: Swearing of affidavits across Australia – what’s required during the COVID-19 pandemic?

    Key takeaways In some States and Federally, witnessing and attesting affidavits can be done remotely. If a sworn affidavit is not possible, an unsworn affidavit may be accepted by the Court. If an unsworn affidavit is relied upon, a sworn or affirmed affidavit must be filed with the Court when circumstances allow. Legislation and Regulations […]

  • Insurance,
  • Jun 22, 2020
  • Author: David Randazzo Author: Robert Minc
  • INSIGHT: How will Liability Insurance respond to COVID-19?

    Key takeaways Insurer and reinsurer responses to COVID-19 are continuing to evolve. Critical to liability claims is likely to be the timing and content of government directives and an insured’s response to them. An Insured will need to defend their actions in preventing the spread of the disease. The number and types of claims to […]

  • Health,
  • Jun 18, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: Taking action against health practitioners in the “public interest” – two years on, how is the new immediate action power being applied in practice?

    One of the most stressful circumstances a registered health practitioner can encounter, is when they receive a notice from their National Board stating that it intends to take immediate action against them under section 156 of the Health Practitioner Regulation National Law (National Law). The proposed immediate action can be very serious, ranging from a […]

  • Health,
  • Jun 5, 2020
  • Author: Nevena Brown
  • INSIGHT: Private Health Insurer audits – a reminder to exercise caution and to ask for help

    The world of private health insurance is becoming increasingly competitive. As the marketplace burgeons with new providers, so too does the number of private health insurance audit requests issued to the health practitioners who service their members. Meridian Lawyers regularly assists practitioners to respond to requests for information from private health insurers (PHIs), which has […]

  • Insurance,
  • May 29, 2020
  • Author: Paul Baker Author: Robert Minc Author: David Randazzo
  • INSIGHT: Emerging Insurance Issues from COVID-19

    Key takeaways A brief insight into COVID-19 insurance implications Business interruption and liability coverage This article is the first in a series of updates on the insurance issues and implications emerging from the COVID-19 pandemic. The Insurance Council of Australia (ICA) has declared COVID-19 an official insurance catastrophe. What is clear is that the consequences […]

  • Health,
  • May 28, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: Coroner’s findings emphasise the potential risks of relying on telehealth without in-patient review

    Recently we published an article outlining some of the risks and limitations for medical practitioners using telehealth to provide care for patients during the COVID-19 pandemic.  In particular, we discussed the need for practitioners to consider and assess whether a consultation is safe and clinically appropriate to be conducted via telehealth, or whether an in-person […]

  • Insurance,
  • May 25, 2020
  • Author: David Randazzo Author: Robert Minc
  • INSIGHT: Appeal softens the blow for defendant following fall from ‘aerial sling’

    Key takeaways Important case for personal fitness instructors and other fitness operators. Harm reduction measures are important, even where no prior accidents have occurred. A Plaintiff must show a reasonably practicable precaution that could have been taken to avoid the risk of injury. Fitness instructors need to give clear instructions and insist on the use […]

  • Insurance,
  • May 19, 2020
  • Author: David Randazzo Author: Robert Minc
  • INSIGHT: AFCA Decisions: Online insurance purchases, non-disclosures at inception of policy.

    Key takeaways Insurer bears the onus of proof in establishing it can deny a claim due to non-disclosure. At inception, a policy must provide a clear and understandable duty of disclosure notice, in writing. Online policy application and acceptance provides unique challenges. Insurer needs to provide evidence that the insured failed to disclose relevant information. […]

  • Health,Insurance,
  • May 15, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: A warning to health practitioners: is your professional indemnity insurance in place?

    The Victorian Civil & Administrative Tribunal (VCAT) has sent a loud message to all health practitioners to actively check that their professional indemnity insurance (PII) arrangements are in order by suspending a psychologist who failed to do so[1]. The practitioner in question had delegated the task of paying all insurance renewals to a family member, […]

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