Supreme Court of Victoria, decision of Justice Mukhtar, 1 September 2010
“[1] The respondent, a practising psychologist, was found by the Victorian Civil and Administrative Tribunal to have engaged in professional misconduct in his treatment of a patient. It was a serious matter involving an indecent assault, for which the practitioner had been criminally convicted.
“[2] After the hearing, the Tribunal published its reasons and final orders. One of the orders prohibited the publication of any documents or information “that might enable a person who has appeared before the Tribunal to be identified”. The outcome was to suppress the respondent’s name by anonymously identifying him as “D”. But the Tribunal did not reveal previously to the parties its intention to make such an order as against the practitioner. Moreover, neither the Board, nor the respondent, had requested the Tribunal beforehand to make the non-publication order extend to the identity of the respondent, although they agreed one should be made to protect others, notably the patient. …
“[4] The appellant, the Psychology Board of Australia,[1] has appealed the making of that order under s 148 of the Victorian Civil and Administrative Tribunal Act.”
Find decision here“.
Archive for category Victorian Health Services
127902 Mr X
Sep 8
Health Alert, DLA Phillips Fox, 7 September 2010
“This inquest concerned the death of Mr X (name suppressed) (aged 53 years), who died from multiple large incised defects to the head and a single stab wound to the chest. Mr X’s son, Mr A, was charged with his murder. At the time of the stabbing, Mr A was on a Community Treatment Order supervised by Peninsula Health Mental Health Services. On 19 April 2004, when Mr A appeared at the Supreme Court of Victoria before Justice Teague, the jury returned a verdict of not guilty on the grounds of mental impairment. …The Coroner (Audrey Jamieson) found that Mr A’s management on a CTO by Peninsula Health Mental Health Service was reasonable and appropriate and that it did not contribute to Mr X’s death. The Coroner also commented on the management of mental illness in Victoria. …”
Find summary and link to decision here.
Health Alert, 30 August 2010, DLA Phillips Fox
“CATCHWORDS Medical Practice Act 1974, Health Professions Regulation Act, section 3, whether professional conduct of a lesser standard that expected by peers, performance assessment including simulation exercises.
“The Victorian Civil & Administrative Tribunal had to ask whether flaws in an anaesthetist’s practice over a period of years went beyond reasonable ‘human frailty’ which requires us to be tolerant of ‘occasional lapses, particularly if these lapses do not form a consistent course of conduct or, if taken separately, are insufficiently serious to warrant intervention’ (quoting Morris J in Vissenga v Medical Practioners Board of Victoria [2004] VCAT 1044 at 33). The tribunal found that only one of three incidents that were reported to the Tribunal fell below reasonable conduct. However they found that a pattern of inadequate judgment and poor performance emerged when considering these reported incidents together with a performance assessment performed at the request of the Medical Board of Victoria.”
Find full summary and link to decision here.
Health Alert, DLA Phillips Fox, 23 August 2010
“Occupational & Business Regulation List –medical practitioners –unprofessional conduct –Health Professions Registration Act 2005 –Medical Practice Act 1994 s 3, s 45A
“Shortly after giving birth at South Eastern Private Hospital, Mrs Siriwan began to haemorrhage. She passed away later the same day from post partum haemorrhage complicating amniotic fluid embolism. Her treating obstetrician Mr Lichter, and anaesthetist Dr Williams, were both found to have engaged in unprofessional conduct of a serious nature. They faced joint and separate allegations. ”
Find full case summary and link to decision here.
Health Alert, DLA PHillips Fox, 16 August 2010
“The Victorian Coroner examined the death of a young woman following liposuction surgery. The coroner found her treating doctors did not provide adequate postoperative care. In particular, her presentation three days post surgery, with pain and a departure from normal or expected clinical course, should have prompted an investigation of the cause of the pain, even if there were no physical symptoms of swelling in the area of liposuction.”
Find full summary and link to decision here.
Australian Doctor- 27 July, 2010
“Fourteen more women have tested positive for hepatitis C as part of an investigation into a Melbourne anaesthetist suspected of deliberately infecting his patients.”
Read article here.
Chinese Medicine Registration Board v Woo (Occupational and Business Regulation) [2010] VCAT 753
Jul 14
Victorian Civil and Administrative Tribunal decision, 27 May 2010
“Catchwords: Chinese medicine practitioner, whether procedures clinically appropriate, unprofessional conduct, whether respondent of good character.”
Find decision here.
The Herald Sun, By Marianne Betts, 13, July 2010
“Fresh claims of diagnostic blunders have been levelled at Casey Hospital, with a man suffering a major stroke after being sent home. The new allegations come after the Herald Sun revealed Kate Newton, 16, almost died of suspected meningitis after staff at the Berwick hospital sent her home twice in three days, and a woman was refused treatment for a life-threatening ectopic pregnancy. Father of three Gareth Lees, 38, suffered a serious stroke just two weeks after Casey Hospital refused to believe he was having a “mini-stroke” in March and sent him home.”
Find article here.
Decision of the Supreme Court of Victoria:
“1 The plaintiff, Ms Castles, is a prisoner at HM Prison Tarrengower (‘Tarrengower’). Ms Castles seeks from the Court declaratory and injunctive relief against the Secretary of the Department of Justice, the Director of Justice Health and the Operations Manager (also referred to as the Governor) of Tarrengower to enable her to resume the in vitro fertilisation (‘IVF’) treatment at the Melbourne IVF Clinic where she was undergoing treatment prior to her imprisonment…
Relief
194 Properly construed, s 47(1)(f) of the Corrections Act confers on Ms Castles the right to continue to undergo IVF treatment for her infertility. IVF treatment is both necessary for the preservation of Ms Castles’ reproductive health and reasonable, consistently with her right as a person deprived of liberty to be treated with humanity and with respect for her human dignity. However, such treatment need not be treatment provided by the Melbourne IVF Clinic.
195 Ms Castles is entitled to relief commensurate with this finding. The parties should have the opportunity to consider this judgment and make submissions as to what relief is appropriate in the circumstances.”
Find decision here.