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 […]
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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 […]
INSIGHT: A wrongful birth case study: Nouri v Australian Capital Territory [2020] ACTCA 1
The Australian Capital Territory Court of Appeal (ACT CoA) has recently issued a decision in a wrongful birth case, exploring issues around both breach of duty and causation. Ultimately, the Court decided in favour of the hospital which provided prenatal care to the infant’s mother. The decision is an interesting one, in that although the […]
INSIGHT: Health practitioner seeks help from the Federal Court to uncover identity of negative Google reviewer
Meridian Lawyers regularly assists health practitioners to respond to queries or complaints by AHPRA about their online advertising. In the process of providing this assistance, we are often asked by practitioners whether anything can be done about unfair testimonials that may be made about them on independent online platforms like Google. In an age where […]
INSIGHT: Dentist seeks help from the Federal Court to uncover identity of negative Google reviewer
Meridian Lawyers regularly assists health practitioners to respond to queries or complaints by AHPRA about their online advertising. In the process of providing this assistance, we are often asked by practitioners whether anything can be done about unfair testimonials that may be made about them on independent online platforms like Google. In an age where […]