Medical practitioner: Sexual relationship with patient

With thanks to Phil Gleeson for noting the recent decision of Medical Board of Australia v McCarthy [2020] WASAT 12 (available on AustLII). The disciplinary proceedings concerned a respondent who had general and specialist registration as a physician and psychiatrist, but practised as a psychiatrist. The catchwords show that the complaint encompassed allegations of a …

Obligations of confidence & communications with the solicitors for opposing party in litigation

Although not a medical negligence claim, Crown Resorts Limited v Zantran Pty Limited [2020] FCAFC 1 (available on JADE) is a useful appellate consideration of the issue of express obligations of confidence allegedly preventing voluntary communications with the solicitors for opposing party in litigation. The discussion included an analysis of Richards v Kadian 64 NSWLR 204, …

NDIS: 2019 review report released

Former Department of Finance secretary David Tune has released his review findings into the National Disability Insurance Scheme. The review found service delivery has so far worked well for adults with physical disability, but not for people with psychosocial disability or those with developmental delay, partly due to “a lack of clarity in the legislation …

Hindsight evidence: Corporate plaintiffs

Although not an injury compensation claim, In the matter of Metal Storm Limited (in liquidation) (receivers and managers appointed) (No 2) [2019] NSWSC 1682 (available on JADE) is of interest for its consideration of the inadmissibility of evidence by reason of section 5D(3)(b) of the Civil Liability Act 2002 (NSW) or section 11(3)(b) of the Civil Liability Act 2003 (Qld), being hindsight evidence as …

Justice Legislation Amendment (Organisational Liability for Child Abuse) Act 2019 (Tas)

With thanks to Chris Mills for noting royal assent on 18 December 2019 for the Justice Legislation Amendment (Organisational Liability for Child Abuse) Act 2019 (Tasmania). The Act amends the local civil liability and limitation legislation and commences on a date to be proclaimed (section 2). The amendments to the civil liability legislation deal with …

Standard of care: Operation of s 59(1) Wrongs Act 1958 (Vic)

Boxell & Ors v Peninsula Health [2019] VSC 830 (17 December 2019) saw a claim alleging that the defendant was negligent because it failed to consider and exclude aortic dissection as a cause of Mr Boxell’s presentation to hospital, and failed to perform a CT aortogram. Of interest in the decision was the court's focus …

Class action settlement: Health information sale to law firm

In mid December 2019, Australian Lawyer reported: The Supreme Court of New South Wales on Monday accepted the settlement of a pioneering class action in Australia. Justice Julie Ward accepted the $275,000 settlement in the class action led by Tracy Evans against the NSW Ambulance Service over a major data breach. The lawsuit is the …

Complaint risk among mental health practitioners compared with physical health practitioners.

Recently published in BMJ Open was a paper by Benjamin Veness and others, entitled Complaint risk among mental health practitioners compared with physical health practitioners: a retrospective cohort study of complaints to health regulators in Australia. The paper sought to understand complaint risk among mental health practitioners compared with physical health practitioners by means of …

Disability Royal Commission: Provision of health care to people with intellectual disability

The Royal Commission will hold a public hearing commencing 17 February 2020. The hearing will be the start of the Royal Commission’s examination of issues relating to the provision of health care to people with disability. This hearing will be looking more specifically at the provision of health care or services for people with cognitive …