Sperm donation father and naming on the birth certificate of the child

Much media attention followed the decision in AA v Registrar of Births Deaths & Marriages and BB [2011] NSWDC 100. The Court acceded to a request by the former partner of the birth mother, to place her name on the child's birth certificate in substitution for that of the sperm donor father. The decision turned …

Lack of insurance is unsatisfactory professional misconduct

The first reforms in the medical indemnity sector were those included in the Health Care Liability Act 2001 (NSW). One element was the requirement for compulsory insurance, other than for employed doctors such as those working in the public hospital sector. It was therefore unexpected to see a recent conduct action against a medical practitioner, …

Medical treatment injury under the National Injury Insurance Scheme

Appendix L specifically addresses medical treatment injury under the NIIS. The opening words explain:   This appendix expands on the discussion and recommendation in chapter 18 about options to fund medical treatment injury under the National Injury Insurance Scheme (NIIS). Closely related to funding is the question of what medical accidents should beeligible under the …

Israeli family can freeze eggs of daughter killed in road accident

From the Guardian newspaper: An Israeli family has been given legal permission to extract and freeze eggs from the ovaries of their 17-year-old daughter, who died in a road accident. Ha'aretz quoted a medical source as saying the family had requested that the eggs be fertilised with donated sperm, as embryos stand a better chance …

A more robust duty of candour?

Recent 'duty of candour' developments in England include the June 2011 Government response to the NHS Future Forum report, following a process designed to improve the Government's proposals for modernising the National Health Service. Interestingly, the Government proposes adoption of a new contractual requirement on providers, to be open and transparent in admitting mistakes in …

Overseas surrogacy intersects with Australian (Queensland) law

A recent decision of the Family Court of Australia highlights the complex issues associated with overseas commercial surrogacy arrangements and the legal framework in most Australian jurisdictions. The matter of Dudley & Chedi considered parentage issues and orders for residence and parental responsibility. It also resulted in a referral for consideration of a prosecution under …

Mandatory reporting – A helpful resource

Ten guidelines on mandatory reporting have been helpfully collected on a webpage provided by the NSW Health Care Complaints Commission. The guidelines are those published by the various health practitioner boards, including the Medical Board, Nursing & Midwifery, Psychology. The guidelines and some background information on mandatory reporting are collected online here: http://www.hccc.nsw.gov.au/Information/Information-For-Health-Providers/Manda...  

Harris v Bellemore: NSW Court of Appeal decision

The NSW Court of Appeal has handed down its decision on a medical negligence matter. The appeal focused on whether the patient's case included a clain in relation to a particular deformity; and whether the primary judge erred in finding that the patient's psychiatric condition was not caused by the negligent treatment by the medical …