Insights

  • 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, […]

  • Health,
  • May 4, 2020
  • Author: Shannon Mony
  • INSIGHT: Western Australia: What are the Mandatory Reporting Requirements for Registered Health Practitioners?

    In early 2020, the Australian Health Practitioner Regulation Agency (AHPRA) released revised guidelines for mandatory notifications made to AHPRA by treating practitioners. These guidelines were issued in anticipation of amendments to the Health Practitioner Regulation National Law, as in force in participating states and territories. The amendments came into effect in March 2020. The purpose […]

  • 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 15, 2020
  • Author: Dennis Cronin Author: Alexis Pidcock
  • INSIGHT: Recent Applications in personal injuries claims impacted by COVID-19

    Evidence and Transfer – A summary of recent Decisions of the Supreme Court in Central Queensland Key issues: Plaintiff will undergo medico-legal examination by video conference due to COVID-19 travel restrictions Is the Defendant’s request for medico-legal examination unreasonable or unnecessarily repetitious? Plaintiff’s Application for broad orders to inspect unidentified loaders dismissed Considerations of the […]

  • Commercial Litigation & Dispute Resolution,
  • Apr 9, 2020
  • Author: Mark Fitzgerald
  • INSIGHT: National Code of Conduct for SME Commercial Leases during COVID-19

    On Tuesday 7 April 2020, the National Cabinet agreed upon a mandatory rent relief code of conduct for commercial leases (the Code) to be legislated by state and territory governments. The Code provides a framework for landlords and tenants to negotiate individual arrangements based on the effects of the COVID-19 pandemic. The Code will have […]

  • Health,
  • Apr 9, 2020
  • Author: Andrew Saxton
  • INSIGHT: WA hospital negligent for not recognising sepsis in infant burns patient resulting in irreversible brain damage

    Abstract Western Australian hospital unsuccessful in appealing a finding of negligence based on an alleged failure to suspect, recognise and treat an infant patient for sepsis subsequent to a burn injury, leading to cardiac arrest, multi-organ failure, brain damage and cerebral palsy.[1] Damages yet to be agreed or assessed.   District Court proceedings[2] Sunday Mabior […]

  • 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 […]

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