The Supreme Court of Victoria decision of Swiatek, handed down on 21 December 2016, provides an insight into how the courts deal with complex issues of factual causation and contribution involving multiple defendants in a case relating to an injury resulting from ongoing exposure to asbestos over an extensive period of time. The facts The […]

INSIGHT: Dealing with complex facts in assessing contribution for an asbestos exposure injury

INSIGHT: Brand loyalty in professional indemnity insurance: risks of shifting insurance cover
The case scenario: A registered health practitioner was involved in the treatment of a cardiac patient in 2008. The practitioner heard nothing further about the patient until receipt of a letter from the Coroner’s Court of Victoria in 2012 requesting a statement concerning the patient’s cardiac management in 2008. The practitioner had retired from practice […]

INSIGHT: Dental insights: Is your radiology equipment registered and your radiology licence up-to-date?
The use and licensing of radiology equipment in South Australia is controlled and managed by the South Australia Environment Protection Authority (EPA), which administers the Radiation Protection and Control Act 1982 and the Radiation Protection and Control (Ionising Radiation) Regulations 2015. The EPA’s Radiation Protection Branch deals with radiology equipment within healthcare, which includes regulating […]

INSIGHT: A reminder to ensure the dental justification for treatment plan is clearly recorded
In this case, the Dental Board of Australia conducted an investigation after a patient notified the Australian Health Practitioner Regulation Agency (AHPRA), alleging over-diagnosis by a dental practitioner. The key facts: A patient presented in 2015 for extraction of a heavily filled tooth which was now fractured and un-restorable. The tooth was extracted simply and without […]

INSIGHT: Infectious diseases & child care: what about staff members?
Risk Management Update: In a service industry so focused on the care and wellbeing of children, it is easy for operators of child care centres to forget about the duty of care owed to staff. This update is intended to remind child care centre operators of the duty of care owed to their workers. While […]