UK Surgical performance data, revisited

The Guardian newspaper has reported further information on the forthcoming online surgical performance data.Writing on 13 June 2013, David Batty said:The value of the NHS league table for surgeons has been cast into doubt after it emerged that consultants can opt out of the system that rates their individual performance.NHS England conceded on Wednesday evening that consultants …

AHPRA guides

The Australian Health Practitioners Regulatory Authority has published two fact guides, available online. The first is for those wishing to make a complaint or notification about a health practitioner. The second is to assist practitioners or students, who become the subject of a complaint or notification. The guides are the subject of discussion today in …

“Unnecessary Causes”, by Jane Stapleton

(2013) 129 Law Quarterly Review 39-65 sees a new article by Professor Jane Stapleton focusing on causation in tort law. The abstract explains the author's argument that private law, specifically tort law, should adopt a notion of a “cause” that is wider than the relation of necessity that is encapsulated in the traditional but-for test. The law …

Human rights, registered sex offender & assisted reproductive treatment

Ethics & Health Law News (EHLN) recently reported a decision of the Victorian CIvil & Administrative Tribunal, Human Rights Division. The decision appears to have been in the nature of a rehearing, following an earlier Victorian Court of Appeal decision Patient Review Panel v ABY & ABZ [2012] VSCA 264.Patient Review Panel v ABY & …

Laser facial treatment provided by a non-medical dermatology clinic

Machado v Advanced Dermatology Group Pty Ltd [2013] NSWDC 85 is a decision regarding a series of laser cosmetic facial treatments described as a non-surgical 60 minute face lift for facial rejuvenation. The plaintiff sought compensation for resultant burns, blistering and scarring to her face.The plaintiff's claim failed as the Court held at [96] that she …

Child care & vaccinations in New South Wales

Upon enactment of the Public Health Amendment (Vaccination of Children Attending Child Care Facilities) Bill 2013, which will commence on 1 January 2014 if not sooner, the principal of a child care facility must not permit a child to enrol at the child care facility unless the parent provides  a vaccination certificate for the child. The proposed …

Surgical performance data to be available online

The Telegraph UK has reported that Britain will become the first country to allow online access to surgical survival rates across 10 specialties. The Health Secretary Jeremy Hunt has said that the data will show the performance not only of hospitals, but of individual consultants in the hope that the public information will inspire doctors to …

Termination, consent & decision making capacity affected by paranoia

Applying principles probably similar to those in Australia, a decision of the English Court of Protection Re SB [2013] EWHC 1417 (COP) considered the capacity of a woman suffering a bipolar disorder to consent to a termination of pregnancy at 23 weeks gestation.Although a treating consultant psychiatrist gave evidence that he was 100% clear that …

2013 Australian Open Disclosure Framework

Although endorsement by the Australian Health Ministers remains pending, the new Australian Open Disclosure Framework (replacing the 2003 standard) is now available on the ACSQHC website.The Commission indicates that in relation to structure and emphasis, the Framework differs from the Standard in the following ways:A change in the emphasis on open disclosure of being, in …

Best interests of a child: Can that include detention?

The Supreme Court of Victoria was called upon to exercise its parens patriae powers in most unusual circumstances, in the recent matter of Re Beth [2013] VSC 189.Beth (not her real name) suffered from intellectual disabilities, had suffered abuse and exhibited self destructive behaviours and violence toward others. The decision required consideration of whether Beth's …