Insights

  • Health,
  • Oct 19, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: Coroners Court Directions Hearings now required within 28 days for mandatory inquest deaths

    The Victorian State Coroner recently issued Practice Direction 5 of 2020 – ‘Directions Hearings in Mandatory Inquests’, requiring that in all cases where an inquest must be held, and unless reasons exist otherwise, a Directions Hearing will be convened within 28 days of the death being reported to the Coroner. A mandatory inquest is required […]

  • Health,
  • Sep 25, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: VCAT upholds use of immediate action power to suspend doctor over social media use

    Meridian Lawyers recently published an article examining the power to take immediate action against health practitioners under section 156 of the National Law (if you missed it, that article can be read here). It considered a recent VCAT decision[1], wherein a doctor was suspended under section 156(1)(e), being the power to take immediate action in […]

  • Health,
  • Aug 28, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: Accidentally sending an email to the wrong email address can cost you

    Key lessons from ‘SD’ and ‘SE’ and Northside Clinic (Vic) Pty Ltd [2020] AlCmr 21 We recently published an article about the importance of protecting your patients’ private information, and what to do if there is an inadvertent disclosure of sensitive patient data. If you missed it, that article can be read here. In June […]

  • 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 […]

  • 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,
  • 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 […]

  • 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, […]

  • Health,
  • Apr 30, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: Using the new MBS telehealth item numbers to care for patients from home? Here are some of the risks and limitations for medical practitioners

    As part of the national health response to the COVID-19 pandemic, the Australian Government has rolled out new temporary Medicare Benefit Scheme (MBS) ‘telehealth’ items.  The purpose of these item numbers is to enable patients to receive essential health care during the pandemic whilst reducing the community transmission of COVID-19.  At this stage, the item […]

  • Health,
  • Apr 16, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: A reminder on section 130 of the National Law: notify the National Boards of ‘certain events’, or face a possible finding of unprofessional conduct

    Most registered health practitioners are aware of the obligation to notify the National Board of certain events should they occur.  These requirements are set out in section 130 of the Health Practitioner Regulation National Law Act 2009 (the “National Law”).  However, we have recently seen an ‘uptick’ in the number of disciplinary decisions which have […]

  • Health,Insurance,
  • Apr 1, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: Supreme Court of Victoria opts to hear would-be jury trial by judge alone in an effort to keep the wheels of justice turning

    As our clients will all be well aware, Victorian courts have presently suspended jury trials until further notice in response to the COVID-19 pandemic.  This means that unless alternatives are found, many trials will be postponed for hearing once the restrictions are lifted, and will have to jostle for court time together with the ordinary […]

  • Health,
  • Mar 25, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: A wrongful birth case study: Nouri v Australian Capital Territory [2020] ACTCA 1

    The Australian Capital Territory Court of Appeal (ACT CoA) has recently issued a decision in a wrongful birth case, exploring issues around both breach of duty and causation. Ultimately, the Court decided in favour of the hospital which provided prenatal care to the infant’s mother. The decision is an interesting one, in that although the […]

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