Insights

  • Health,
  • Apr 12, 2019
  • Author: Nevena Brown
  • INSIGHT: Professional Performance under the Spotlight | Inquiry into the actions of the regulator and local health district

    From 1999 onwards, Dr Emil Gayed worked in public and private hospitals across NSW. During that time, complaints and concerns were raised regarding Dr Gayed’s professional practice and performance. Dr Gayed was disqualified from practice following a Tribunal finding that Dr Gayed had engaged in numerous incidences of unsatisfactory professional conduct, and that together they […]

  • Health,Insurance,
  • Feb 12, 2019
  • Author: Nevena Brown
  • INSIGHT: Is the ‘irrational’ exception feasible?

    The concept of ‘Competent Professional Practice’ has been considered by Courts in a number of recent NSW cases determining medical negligence. In a recent medical negligence case South Western Sydney Local Health District v Gould [2018] NSWCA 69 (Gould),[1] the NSW Court of Appeal (NSWCA) considered the interpretation of the statutory ‘irrational’ exception to the […]

  • Health,Insurance,
  • Oct 10, 2018
  • Author: Nevena Brown
  • INSIGHT: Professional Opinions – how much weight do they carry?

    Hopes of helpful review of the current interpretation of the words “competent professional practice” as they appear in section 5O of the Civil Liability Act 2002 (NSW) (the Act) were dashed, as special leave to appeal was denied by the High Court of Australia (HCA) from a NSW Court of Appeal (NSWCA) medical malpractice case.[1] […]

  • Health,
  • May 31, 2018
  • Author: Nevena Brown
  • INSIGHT: Sparks v Hobson; Gray v Hobson [2018] NSWCA 29: Is this a prelude to the expansion of the peer professional opinion defence in NSW?

    A recent decision by the NSW Court of Appeal has given rise to hopes that the current interpretation of the words “competent professional practice” as they appear in section 5O of the Civil Liability Act 2002 (NSW) (the Act) may soon be revised. Two members of the judiciary commented critically on the standing interpretation of […]

  • Health,
  • Apr 18, 2018
  • Author: Nevena Brown
  • INSIGHT: NSW Health Services Organisations face key changes to Root Cause Analysis procedures

    Recently passed amendments to the Health Administration Act 1982 (NSW)[1] have been celebrated by the NSW government as an improvement to the efficiency and timeliness of Root Cause Analysis systems in NSW health services organisations. The amendments come off the back of extensive consultation with stakeholders, including the NSW Nurses and Midwives Association, Australian Medical […]

  • Health,
  • Mar 8, 2018
  • Author: Nevena Brown
  • INSIGHT: Accepting gifts from patients – before you partake of that bottle of wine, stop and consider a few factors

    Most GPs experience infrequent offers of gifts from their patients over the course of their career. Occasional gifts of wine, home-cooked cakes, chocolates and flowers are commonplace in most GP clinics. However, some patients have a tendency to give gifts more frequently, or of greater commercial value, than others. This starts to pose difficult questions […]

  • Health,
  • Dec 12, 2017
  • Author: Nevena Brown
  • INSIGHT: Proving residual working capacity: a defendant’s burden to bear

    If there was any doubt as to who bears the burden of proof when assessing the residual earning capacity of a plaintiff, the NSW Court of Appeal has made it plain in the case of South Western Sydney Local Health District v Sorbello [2017] NSWCA 201: the onus of establishing that a plaintiff has remaining […]

  • Health,
  • Dec 12, 2017
  • Author: Nevena Brown
  • INSIGHT: Case study: pitfalls of crossing the boundaries

    Two decisions by the New South Wales Civil and Administrative Tribunal (the Tribunal) in 2017 have conveyed a firm warning to health professionals about the appropriate observance of professional boundaries with their patients. Meridian Lawyers assisted both practitioners involved in the respective hearings, one being a psychologist[1] and the other a chiropractor[2].  Although each case […]

  • Nov 18, 2015
  • Author: Nevena Brown
  • INSIGHT: Foresights: Public liability

    Risky recreation: Nevena Brown, Principal at Meridian Lawyers, tells us how this NSW Court of Appeal case impacts on reliance on the Civil Liability Act NSW, which will assist with claims management regarding recreational activities. Case: Alameddine v Glenworth Valley Horse Riding Pty Limited [2015] NSW CA 219

  • Corporate & Commercial,
  • May 12, 2014
  • Author: Mark Fitzgerald Author: Nevena Brown Author: Georgina Odell
  • INSIGHT: Spotlight on Fitness: an overview of Australian Consumer Law

    On 1 January 2011 the Australian Consumer Law (ACL) introduced some significant changes to the obligations on suppliers of services and goods. This update sets out a few practical tips on how fitness businesses can limit complaints and stay on the right side of the consumer law. Under the ACL, you guarantee that services supplied […]

  • Health,
  • Jun 2, 2012
  • Author: Kellie Dell’Oro Author: Nevena Brown
  • INSIGHT: e-health: A new frontier for health practitioners

    From 1 July 2012, all Australians can register for their own personally controlled electronic health (eHealth) record. Initially, an eHealth record contains basic information but as the system develops, healthcare providers (including allied health providers) will be able to add more information such as treatments, medications and allergies. Although this is an ‘opt-in’ system, health […]