Medical practitioner criminal charges: Sexual and indecent assuault.

In R v El Kheir [2018] NSWDC 245 a medical practitioner was found not guilty on the grounds of mental illness after a lengthy Judge alone trial on 8 charges of sexually assaulting his patients. The judge found the complainants to be telling the truth but acquitted the accused on the grounds of mental illness as a result …

NDIS: Administration of insulin by nurse

Mazy and National Disability Insurance Agency [2018] AATA 3099 required review of an NDIA decision which refused funding for a registered nurse to administer insulin to Ms Mazy (who suffered intellectual disability and blindness) four times per day. The NDIA decision was set aside and in substitution it was decided that the provision of care by a …

NDIS: Repayment obligations following compensation settlement

Sharp v Home Care Service of NSW [2018] NSWSC 1319 was a hearing for approval of settlement of a personal injury claim, in which a young woman with pre-existing cerebral palsy had suffered burns while being showered by a carer employed by the defendant. Prior to the accident, due to her pre-existing disabilities, the plaintiff …

Interrogatories – medical negligence

Ahmad v South Western Sydney Local Health District [2018] NSWSC 1327 was an interlocutory matter arising in a medical claim. The plaintiff underwent a laparoscopic cholecystectomy at Bankstown Lidcombe Hospital. Following the detection of a bile leak, the plaintiff was again taken to theatre where it was ascertained that his common bile duct had been …

Dispute resolution / mediation: NSW Law Reform Commission

The NSW Law Reform Commission has released its report #146 on dispute resolution. The report considered the responses to the model provisions for dispute resolution (in particular mediation) that were proposed in an earlier Consultation Paper 18. However the Commission ultimately decided not to recommend adopting the model provisions or making any other changes to …

Regulation of Australia’s health professions: keeping the National Law up to date and fit for purpose

The COAG Health Council has released a consultation paper regarding the National Law, with submissions requested by 31 October 2018. Also available is a summary of the proposals and issues included in the paper. The issues include: Reporting of professional negligence settlements and judgements; Reporting of charges and convictions for scheduled medicines offences; Whether whether the …

NDIS: Whether two days of in-home care for a child is a reasonable and necessary support

BIJD and National Disability Insurance Agency [2018] AATA 2971 concerned a three year old child suffering from a severe, life threatening disease. The issue before before the tribunal was whether two days of in-home care was a reasonable and necessary support. BIJD requested a review of the NDIS plan on the basis that it did …