Best interests determination: Circumcision & religious background.

Re P (Circumcision: Child in Care) [2021] EWHC 1616 (Fam), an English decision available on BAILII, concerned a boy aged 21 months who was subject to an interim care order in favour of a local authority. He had lived all his life with his maternal aunt and uncle, who were likely to be soon appointed … Continue reading Best interests determination: Circumcision & religious background.

Nurse injury causation inference: Patient transfer.

With thanks to Paul Mangopoulos for drawing attention to the appellate decision Munday v St Vincent's Hospital [2021] VSCA 170, available on AUSTLII. Ms Munday, a nurse, had brought a claim for an injury she suffered when attempting a patient transfer using a slide board of a type for which she had not received training. … Continue reading Nurse injury causation inference: Patient transfer.

Wrongful birth scope of duty / causation: Khan v Meadows (UKSC).

Khan v Meadows [2021] UKSC 21 (available on BAILII) saw all members of the Court agree that the appeal should be dismissed, though three judgments were written as noted below. The main judgment was that of Lord Hodge & Lord Sales (with the agreement of Lord Reed, Lady Black and Lord Kitchen).. As a reminder … Continue reading Wrongful birth scope of duty / causation: Khan v Meadows (UKSC).

Expert witness immunity (medical): Summary dismissal application.

Borody v Vickers [2021] FCA 618 (on JADE) related to earlier proceedings which had been commenced in the District Court of NSW (the District Court proceedings).  In those proceedings, Dr Borody was sued for medical negligence by a former patient, Ms X.  Dr Vickers was retained by the solicitors acting for Ms X, to prepare an expert report concerning … Continue reading Expert witness immunity (medical): Summary dismissal application.

Private practice midwifery claims based on care after 1 July 2020.

With thanks to Associate Professor Tina Cockburn for drawing attention to the following. The Medical and Midwife Indemnity Legislation Amendment Bill 2021 (the Bill) has been introduced into the House of Representatives. The purpose of the Bill is to ensure that claims made against all privately practising midwives are eligible under the Commonwealth’s medical and midwife indemnity … Continue reading Private practice midwifery claims based on care after 1 July 2020.

Unregistered Health Practitioner – Permanent Prohibition Order.

With thanks to Justine Anderson for drawing attention to a public statement and decision of the Health Care Complaints Comission (NSW) in relation to a diagnostic ultrasound practice located in Hornsby (Sydney). The Commission's statement of 27 May 2021 was as follows: The NSW Health Care Complaints Commission (Commission) conducted an investigation into Ms Li … Continue reading Unregistered Health Practitioner – Permanent Prohibition Order.

Conduct: Vaccination social media & fitness to practice as a nurse.

With thanks to Jane Butler for drawing my attention to a UK fitness to practice committee finding in relation to Kay Allison Shemirani (available on nmc.org.uk). The case against Nurse S arose from statments in relation to Covid 19 on social media and at public events. It was said that those statements promoted health advice … Continue reading Conduct: Vaccination social media & fitness to practice as a nurse.

Learning from Clinical Negligence Claims.

Noted by John Tingle here, as part of its patient safety strategy the National Health Service (NHS) in England has created the first system-wide patient safety syllabus, training, and education framework. Education and training are fundamental prerequisites for creating a patient safety culture in any health care system. This new patient safety syllabus is both innovative and reflective, … Continue reading Learning from Clinical Negligence Claims.