Chester v WA Country Health Service [2019] WADC 152 The facts Mr Chester (Plaintiff) was a 26 year old male who worked as plasterer by trade. On 31 July 2009 he suffered an injury to his left shoulder and presented to the Busselton Regional Hospital (Hospital) complaining of pain, general bruising and some grazing of […]
Insights Categories: Health
Jan 6, 2020
INSIGHT: Social Media: What’s OK – What’s Not
Today’s health practitioner graduates do not know a world without social media – it’s part of their DNA and it is here to stay. Social media platforms span our personal and professional lives and can play an important role in public health education and the marketing of health services. While regulated health service providers and […]
Dec 19, 2019
INSIGHT: Owing prescriptions – are you courting danger?
Most pharmacists will have been asked to dispense prescription-only medicines to patients who do not have a valid prescription. Although Pharmacy Dispensing Software (PDS) allows for the processing and supply of medicines without a valid prescription, thereby creating an ‘owing’, there is no legislation that provides for this. Pharmacists assisting their patients should familiarise themselves […]
Dec 11, 2019
INSIGHT: Payroll tax clampdown on healthcare clinic operators
In recent times, there has been a strong focus by revenue authorities on tax compliance by health service providers including operators of medical, dental, optometry and other allied health clinics. Payroll tax compliance in particular has been in the spotlight. In the recent decision of Commissioner of State Revenue V The Optical Superstore Pty Ltd […]
Dec 11, 2019
INSIGHT: Electronic Prescriptions
Amendments to the National Health (Pharmaceutical Benefits) Regulations 2017, published on 30 October 2019 provide for electronic prescriptions to be recognised as valid prescriptions. Electronic prescribing provides an option for prescribers and their patients to have an electronic prescription as an alternative to a paper-based prescription. The legislation includes additional form requirements for electronic PBS […]
Dec 6, 2019
INSIGHT: General practitioner successfully appeals negligence finding
Abstract A Sydney-based general practitioner has successfully appealed a finding of negligence based on an alleged failure to refer a patient for specialist treatment in the context of particular pathology results (which predated his involvement in the patient’s care) on a background of a chronic and prolonged health condition. District Court proceedings [1] Mr […]
Dec 6, 2019
INSIGHT: Coroner recommends new standard for in patient observations
The Coroner has recommended that the Chief Psychiatrist in Victoria formulate a directive in relation to standard protocols for conducting visual observations of patients at in-patient facilities. The recommendation comes as the result of findings at the inquest into the death of a woman who passed away whilst she was an in-patient at a private […]
Nov 18, 2019
INSIGHT: VCAT confirms that disciplinary consequences may befall practitioners who treat their own family
In 2019 we have seen an increased focus by AHPRA and the National Boards on ensuring the observance of professional boundaries between registered health service providers and their patients. In our experience, investigations into professional boundary transgressions are most commonly triggered when a romantic relationship between the practitioner and the patient turns sour. However, these […]
Nov 13, 2019
INSIGHT: A reminder about the potential strength of ‘usual practice’ evidence
Phelan v Melbourne Health [2019] VSCA 205 Defending or even assessing the merits of an action in medical negligence can often be challenging when the medical practitioners involved cannot recall the particular patient concerned. Through no one’s fault, memory can be impeded by the lapse of time and high patient volume loads. As such, it […]
Oct 28, 2019
INSIGHT: Nurse slammed for profiting under patient’s will and pressuring peers
Meridian Lawyers recently published a Health Insights article discussing the risks involved when health care professionals receive and retain gifts from their patients. Since then, the Victorian Civil and Administrative Tribunal (VCAT) has issued a decision which serves to not only underscore that counsel, but also to highlight the severe reprimands which may follow findings […]
Oct 22, 2019
INSIGHT: Handling sensitive health information about patients and customers – do you understand your obligations?
The Office of the Australian Information Commissioner (the OAIC) has released a Guide to Health Privacy to assist health care providers to understand their obligations under the Privacy Act 1988 (Cth) (the Privacy Act) regarding the handling of sensitive health information about their patients and customers. Health care providers range from doctors, hospitals, allied health […]