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 […]
Insights Sectors: Medical Practitioners

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 […]

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 […]

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 […]

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 […]

INSIGHT: Taking action against health practitioners in the “public interest” – two years on, how is the new immediate action power being applied in practice?
One of the most stressful circumstances a registered health practitioner can encounter, is when they receive a notice from their National Board stating that it intends to take immediate action against them under section 156 of the Health Practitioner Regulation National Law (National Law). The proposed immediate action can be very serious, ranging from a […]

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 […]

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 […]

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 […]

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 […]

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 […]