MJA Insight – Mandatory reporting & defamation

With thanks to MJA Insight and Associate Professor Tina Cockburn, for permission to reproduce the following piece from MJA Insight on 30 April 2012.   There is an “in good faith” protection from liability for persons making a notification or otherwise providing information to AHPRA provided by section 237(2) of the Health Practitioner Regulation National …

Failure to warn of a risk that did not materialise

A 'failure to warn' case, Wallace v Kam [2012] NSWCA 82, raised a novel issue before the New South Wales Court of Appeal. Mr Wallace underwent a fusion procedure, in an effort to alleviate pain caused by an intevertebral disc protrusion. Dr Kam did not warn him of the 5% risk of paralysis. The outcome …

Injunction to prevent termination of pregnancy?

The father (called Mr Talbot, a pseudonym) applied to the Family Court of Australia for an urgent injunction to prevent the mother, Ms Norman (also a psuedonym), from obtaining a termination of her pregnancy. Ms Norman although aged only 16, had one child from a previous relationship. Her pregnancy to Mr Talbot was at about …

Cosmetic procedures – national changes?

The Australian Health Ministers' Advisory Council has published a working group report, entitled 'Cosmetic Medical and Surgical Procedures - A National Framework'. The report makes a number of recommendations including: a prohibition on offering such procedures as prizes, commission payments and financing schemes protocols for adequate post operative care a 'cooling off period' of 3 …

Euthanasia – application for declaration that killing not unlawful

On 12 March 2012, Justice Charles handed a decision of the High Court Of England & Wales, in what is reported to be the first case of its type there: Nicklinson v Ministry of Justice [2012] EWHC304 (QB). The judgment is preliminary, confirming only that the applicant Mr Nicklinson has an arguable case. A full …