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Special Medical Procedures – when is treatment authorisation required? A look at the test through the lens of gender dysphoria
March 30, 2017
In a presentation at the March 2017 Medico-Legal Congress in Sydney, HBA explored ‘special medical procedures’ – the types of medical treatments that neither a child nor its parent can consent to and require authorisation by the Family Court. HBA focussed on the legal test that determines which treatments require authorisation and how treatments for […]
Time for Change? A look at Queensland’s abortion laws
December 14, 2016
Queensland has the most restrictive laws relating to abortion in Australia. In Queensland, abortion is still considered a crime under the State’s criminal code (Criminal Code Act 1899 (QLD) (the Act). Under the Act, any person who carries out, or assists with, an abortion may be liable to criminal prosecution. This includes the woman herself, […]
Adequate Warning? Surgeon found not liable for failure to warn in elective surgery
December 14, 2016
Morocz v Marshman [2015] NSWSC 325 Key Points Ms Morocz began proceedings against Dr Marshman after experiencing side-effects following an elective surgery to treat her hyperhidrosis (‘sweaty palms’). It was found that Ms Morocz was adequately warned of the risks and side effects of the surgery at her initial consultation and through an information booklet […]
Doctor found liable for professional misconduct in accessing wife’s medical records
December 14, 2016
Medical Board of Australia v Shah [2016] QCAT Key Points Dr Shah, a general practitioner, was accused of breaching the Code of Conduct for Doctors in Australia and Queensland Health Information Policy by accessing his estranged wife’s medical records without her authority. Dr Shah’s actions were found to be inconsistent with the standard of conduct […]
Pain management regimes and opiate toxicity – a fine line
December 14, 2016
Inquest into the death of Michael James Calder Key Points After being admitted to the Holy Spirit Northside Private Hospital for severe headaches, a healthy 33 year old male died as a result of the pain management drugs causing opiate toxicity administered during his stay Pre-existing medical conditions played a role in the death, despite […]
When ‘Conservative Treatment’ isn’t enough: recognising and responding to clinical deterioration
December 14, 2016
Inquest into the death of Mark Anthony Plumb Key Points Mark Plumb underwent elective gallstone removal surgery. Following the surgery, he deteriorated quickly and became septic, passing away the following evening. Mr Plumb’s surgeon, Dr Anderson, failed to take an alternative care procedure when conservative methods began to fail, which led to his rapid demise. […]
Peer accepted practice: a Courts consideration of the term ‘widely accepted practice’
October 5, 2016
Wright v Minister for Health [2016] WADC 93 Key Points The Minister for Health relied on section 5PB of the Civil Liability Act 2002 (WA). Section 5PB provides a medical practitioner with a defence against allegations of negligence if the treatment they provided was a ‘widely accepted practice’ that is supported by ‘a large group […]
Obtaining consent from non-English speaking patients
October 5, 2016
George v Biggs [2015] NSWDC 11 Key Points Sandra George underwent a procedure to remove a right sided acoustic neuroma (tumour) during which an adjoining facial nerve was severed which resulted in Ms George suffering from facial palsy. Ms George has a limited grasp of the English language and required interpreting assistance at each of […]
Newcastle Private Hospital – Found to be negligent for failing to adhere to post-operativeclinical pathway
October 5, 2016
Key Points A hospital’s duty of care to a patient is independent of the duty a visiting medical officer (VMO) owes to a patient, and so attendances by the VMO does not discharge the hospital’s duty of care. Nurses need to ensure that all necessary observations are properly recorded to ensure that medical intervention occurs […]
Mother left to die after home birth: the importance of regulation of private practicing midwives in home settings
October 5, 2016
Key Points Caroline Lovell passed away at Austin Hospital in January 2012 after having given birth to her second child at her home in a birthing pool. A coronial inquest into Ms Lovell’s death was undertaken which found (among other things) that Ms Lovell suffered a post-partum haemorrhage which was not picked up by the […]