Insights

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 […]

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 […]

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 […]

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 […]

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

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 […]

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 […]

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