Insights Sectors: Medical Practitioners

Feb 11, 2021

INSIGHT: New and expanded AHPRA Advertising Guidelines: a welcome aid to compliance

Meridian Lawyers has published several Health Insights in the past about the importance of understanding and adhering to the advertising obligations set out under section 133 of the National Law. However, claims concerning advertising continue to be a recurring theme in our Health Law practice, indicating some persisting confusion about the boundaries of what is […]

Dec 1, 2020

INSIGHT: A case scenario on patient privacy – can I discuss a deceased patient’s care with their family members?

Meridian Lawyers often receives calls from doctors and other health practitioners requesting one-off advice relating to their day-to-day practice. Recently, we have received a number of requests for advice about patient privacy and more specifically about the circumstances in which a health practitioner might be permitted to discuss a deceased patient with their family. The […]

Nov 9, 2020

INSIGHT: A case scenario on death certificates – who can sign them and when?

Meridian Lawyers often receives calls from doctors and other health practitioners requesting one-off advice relating to their day-to-day practice. One common and enduring theme of these requests for advice is death certificates – who can prepare them, and when? For example, if a patient dies in an aged care home, can a locum doctor certify […]

Oct 28, 2020

INSIGHT: Federal Court of Australia confirms Professional Services Review (PSR) has the power to order part repayments

Professional Services Review (PSR) is a Commonwealth Agency whose objective is to protect the integrity of the Commonwealth Medicare benefits, dental benefits and pharmaceutical benefits programs and, in doing so, protect patients and the community from the risks associated with ‘inappropriate practice’, and protect the Commonwealth from having to meet the cost of medical and […]

Sep 25, 2020

INSIGHT: VCAT upholds use of immediate action power to suspend doctor over social media use

Meridian Lawyers recently published an article examining the power to take immediate action against health practitioners under section 156 of the National Law (if you missed it, that article can be read here). It considered a recent VCAT decision[1], wherein a doctor was suspended under section 156(1)(e), being the power to take immediate action in […]

Sep 22, 2020

INSIGHT: UK High Court applies established duty of care principles to legalise professional guidance which permits disclosure of confidential information to a proximate third party without consent

ABC v NHS — Background The UK High Court[1] applied established duty of care principles to legalise professional guidance which permits disclosure of confidential information to a proximate third party without consent, in circumstances where the medical professional has properly undertaken the requisite balancing exercise of risks and interests affecting the patient, third party and […]

Sep 7, 2020

INSIGHT: Three years on from the chaperone review, AHPRA celebrates changes to the regulatory landscape of sexual boundaries notifications

In 2017 Professor Ron Paterson delivered the Independent review of the use of chaperones to protect patients in Australia report (the Chaperone Report), which made 28 recommendations to AHPRA and the Medical Board of Australia (the MBA) for improving the handling of sexual boundary notifications in Australia. Among other things, the Chaperone Report recommended that […]

Aug 28, 2020

INSIGHT: Accidentally sending an email to the wrong email address can cost you

Key lessons from ‘SD’ and ‘SE’ and Northside Clinic (Vic) Pty Ltd [2020] AlCmr 21 We recently published an article about the importance of protecting your patients’ private information, and what to do if there is an inadvertent disclosure of sensitive patient data. If you missed it, that article can be read here. In June […]

Aug 17, 2020

INSIGHT: Professional Services Review (PSR) launches telehealth review

Professional Services Review (PSR) is a Commonwealth Agency whose objective is to protect the integrity of the Commonwealth Medicare benefits, dental benefits and pharmaceutical benefits programs and, in doing so, protect patients and the community from the risks associated with ‘inappropriate practice’, and protect the Commonwealth from having to meet the cost of medical and […]

Jul 31, 2020

INSIGHT: Listen to the experts: Chatoor v Health Care Complaints Commission of NSW [2020] NSWCA 111

The NSW Court of Appeal (“NSWCA”) recently overturned a decision of the NSW Civil and Administrative Tribunal (“the Tribunal”) in relation to two complaints concerning Dr Roger Chatoor (a cardiologist). Dr Chatoor appealed the Tribunal’s findings of unsatisfactory professional conduct on the primary basis that it had failed to correctly apply the relevant statutory test […]

Jul 20, 2020

INSIGHT: What do I do if there is an accidental breach of my patient’s privacy? Advice for health practitioners and organisations

It is trite advice to Australian health practitioners to say that they must exercise caution when dealing with their patients’ sensitive health information. However, even the most cautious practitioner or organisation can fall victim to an inadvertent breach of patient privacy.  Accidents happen, and Meridian Lawyers frequently receives requests for assistance from practitioners or organisations […]

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