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Our team regularly produces articles and updates on legal developments and the implications for clients. Our latest publications can be viewed below. Alternatively, use the Search function on the left to find the topic of your choice.
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 […]
Medical practitioner struck off for providing misleading and dishonest expert evidence
October 5, 2016
Key Points Waney Squier, a consultant neuropathologist at the John Radcliffe hospital in Oxford, has been struck off the medical register after being found to have given misleading expert evidence in six court cases where infants died. The case has caused some controversy as Ms Squier was not struck off for the way in which […]
Child dies after home birth: the importance of educating parents on the risks of non-hospital births
October 5, 2016
Key Points A child died three days after an unsupervised home birth. The child died as a result of injuries received during and just after birth. A coronial enquiry into the child’s death took place. The child’s mother advised the coroner that she did not understand the risks involved. The child’s parents were urged not […]
What does the AAT consider to be reasonable costs for compliance with a summons to produce documents?
September 19, 2016
Key Points When a party is summonsed to produce documents they are entitled to recover reasonable costs for the production of those documents. What is the process when parties cannot agree on what is considered reasonable? The Administrative Appeals Tribunal provides an avenue for parties to have their reasonable costs determined. Background The Tribunal issued […]
No pain, no gain: Does pain triggered at work give rise to a compensable aggravation of a pre-existing condition?
September 19, 2016
Higgins v Linfox Australia Pty Ltd [2015] AATA 843; Key Points A mere increase in pain does not constitute compensable aggravation under the SRC Act. Background Mr Higgins suffered an injury as a result of a non-work related car accident in 2010. The accident resulted in Mr Higgins suffering a bulging disc in his neck […]
Reasonable administrative action in the face of Chronic Fatigue Syndrome
September 15, 2016
DNJN and Comcare [2015] AATA 928 (2 December 2015) Key Points Whether aggravation of chronic fatigue syndrome was suffered as a result of reasonable administrative action taken in a reasonable manner in respect of DNJN’s employment, pursuant to the exclusionary provisions in subsection 5A(1) of SRC Act. Background DNJN was employed in the Australian Public […]
The Importance of Taking Critical Incidents Seriously – Carer awarded $454K in damages for client assault
August 29, 2016
Greenway v The Corporation of the Synod of the Diocese of Brisbane [2016] QDC 195 Key Points Courts will take a common sense and realistic approach as to an employer’s duty to prevent incidents by carers by their clients. However, once an incident occurs, courts will take a stringent approach as to what an employer […]
Flight attendant’s injury following Los Angeles arrest for sexual assault ‘arose out of employment’
August 29, 2016
Colin Harvey v Simon Blackwood (Workers’ Compensation Regulator) & Qantas Airways Limited [2016] ICQ 014 Key Points The Claimant succeeded in his claim for workers’ compensation against Qantas after he developed Post Traumatic Stress Disorder (PTSD) following his arrest for an alleged sexual assault on a co-worker. This decision confirms Queensland’s test of when a […]