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  Mr […]
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INSIGHT: A reminder about the potential strength of ‘usual practice’ evidence
Phelan v Melbourne Health  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 […]
INSIGHT: Insurance, drones and you.
Article 1 of 3 – An Introduction In a series of upcoming articles, we will be providing: An overview of drone regulations and rules Licensing requirements for drone use A summary of the potential liabilities and penalties Information on what happens if injury is caused by an individual, state employee or commercial operator- does it […]
INSIGHT: Powerful new Sports Tribunal leads the way in bolstering integrity in Australian sport. Why is this important?
Key takeaways: New legislation governing arbitration/ADR of Australian sports disputes National Sports Tribunal introduced for resolution of sports disputes Two-year pilot Conditional opt out scheme Laws apply to acts committed or omitted within as well as outside of Australia Locally handled sporting Appeals have the potential to lower costs Significant civil penalties for breach Sports […]
INSIGHT: What’s the damage? Recent trends in General Damages awards for psychiatric injuries in Victoria.
Key takeaways: General damages awards for psychiatric injuries can be significant A ‘recognisable psychiatric illness’ must be present Treatment not sought is not necessarily an impediment to a psychiatric claim Have there been any discernible trends in the awarding of damages for psychiatric injuries in recent years in Victoria? Four cases decided between 2013 and […]
INSIGHT: What happens to healthcare complaints in Western Australia?
The Health and Disability Services Complaints Office (HaDSCO) handles complaints about health, disability and mental health services in Western Australia. Consumers of health services in Western Australia can make complaints about individuals or organisations that provide health, disability or mental health services . ‘Health services’ encompasses complaints about health services provided by: Medical practices, medical […]
INSIGHT: Ask for help, and ask early – advice for surviving an AHPRA notification
Meridian Lawyers regularly assists health practitioners who have been the subject of notification to statutory health authorities such as AHPRA, HCCC and the OHO. Our role is to help these practitioners understand, respond to and navigate the complaints process. Unfortunately, we regularly hear clients express distress that they are the subject of complaint. Many suffer […]
INSIGHT: Case Note: Bergin v Queensland Cork & Timber Solutions Pty Ltd  QDC 141
A cautionary tale: The risks of failing to test a witness’ evidence before trial, and the benefits of requesting a plaintiff commit to a version of events at the outset of a claim Bergin v Queensland Cork & Timber Solutions Pty Ltd  QDC 141 is a decision recently delivered by Her Honour Judge Vicki […]
INSIGHT: How medical practitioners can manage negative online reviews
Patients are increasingly using social media to post anonymous reviews and ratings about medical services they have received, both good and bad. Thankfully, most are positive. However, a critical review can be distressing for the practitioner and has the potential to damage reputation despite a bad review being just a scintilla of evidence as to […]
INSIGHT: Case Note: Caffrey v AAI Limited  QSC 7
Key takeaways A deceased driver was found to have owed a duty to take reasonable care not to cause psychiatric injury to a policeman acting in the course of the performance of his duties who may be required to respond to an accident caused by their driving and who may witness the suffering and/or death […]
INSIGHT: Is the ‘irrational’ exception feasible?
The concept of ‘Competent Professional Practice’ has been considered by Courts in a number of recent NSW cases determining medical negligence. In a recent medical negligence case South Western Sydney Local Health District v Gould  NSWCA 69 (Gould), the NSW Court of Appeal (NSWCA) considered the interpretation of the statutory ‘irrational’ exception to the […]