Published today in the Journal of Multidisciplinary Healthcare is an article "Exploring Risk, Antecedents and Human Costs of Living with a Retained Surgical Item: A Narrative Synthesis of Australian Case Law 1981–2018" by Osborne, Cockburn & Davis. The study aimed to critically examine the circumstances contributing to, and the human costs arising from, the retention … Continue reading Article: Retained surgical items + Australian Case Law.
A medical rather than a medico-legal topic, but Dr Muskesh Haikerwal has drawn attention to an important study published in the BMJ late last week (open access). Risk of thrombocytopenia and thromboembolism after covid-19 vaccination and SARS-CoV-2 positive testing: self-controlled case series study by Julia Hippisley Cox and others, used a very large UK cohort … Continue reading Risk of thrombocytopenia and thromboembolism after covid-19 vaccination and SARS-CoV-2 positive testing.
On 28 August 2021 the Commonwealth Minister for Health announced that the Morrison Government has finalised the details of the no fault COVID-19 Vaccine Claim Scheme following extensive consultation with the peak medical, healthcare, business and insurance sectors to ensure a comprehensive National Scheme. From 6 September 2021 Australians who suffer injury and loss of … Continue reading Details finalised: No Fault COVID-19 Indemnity Scheme.
Brockhurst v Rawlings  QSC 217 (available on the Supreme Court Library) arose from allegations of abuse of a student by his teacher. The claimant had not made a police report. In issue at the hearing was the nature of the relationship between the teacher and the student (some 25 years earlier) when the student … Continue reading Abuse: Trespass to the person (Queensland).
In England, Coroner M E Hassall recently published a Regulation 28 (Prevention of Future Deaths) report (9 July 2021) following a coronial hearing regarding the late Alan Griffin. The narrative determination was of suicide and stated: He killed himself because he could not cope with an investigation into his conduct, the detail of and the … Continue reading Abuse: The balancing of duties in the investigation of allegations?
With thanks to Courtney Jenkins for drawing my attention to yesterday's decision of the Queensland Court of Appeal in the matter of SDA v Corporation of the Synod of the Diocese of Rockhampton & Anor  QCA 172 (available on the Supreme Court Library). The appellant was a resident of an orphanage where he was … Continue reading Abuse: Interlocutory decision on disclosure under PIPA (Queensland).
Health Ombudsman v Pin  QCAT 242 (available from the Supreme Court library of Queensland) is a conduct matter arising from a varicose vein procedure. It was agreed that a 9.2 cm segment of the catheter was retained in the patient’s leg and a 47 cm length of optical fibre became detached and was retained … Continue reading Conduct: Duty of candour.
The focus of Nettle v Cruse  FCA 935 (available on the Federal Court site) was succinctly explained in the opening paragraph of the reasons: The applicant in this proceeding, Dr Warwick Nettle, is a highly regarded and successful plastic and reconstructive surgeon. In 2017, he was consulted on a number of occasions by the respondent, Ms Catherine Cruse. While Dr … Continue reading Online defamation of medical practitioner who declined to perform surgery on a patient.
Conduct matters involving boundary violations (in this instance, a personal, non-therapeutic relationship) are unfortunately not entirely rare. The matter of Psychology Board of Australia v Brideson (Review and Regulation)  VCAT 899 (on JADE) is therefore not particularly noteworthy, save for two issues. Firstly, the psychologist met the patient at a psychology conference for survivors … Continue reading Conduct: Boundary violation + child abuse patient.
The End of Life Law for Clinicians (ELLC) training program, designed by Ben White, Lindy Willmott, Shih-Ning Then and other ACHLR members from QUT has just launched 10 new and updated training modules for doctors, medical students, nurses, and allied and other health professionals (including paramedics and Aboriginal and Torres Strait Islander health professionals). The … Continue reading End of Life Law for Clinicians.