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Category Archives: Legislation & jurisprudence
Zaphir v Health Ombudsman [2017] QCAT 193
Decision date: 16 June 2017
“PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – HEALTH PRACTITIONERS REGULATION NATIONAL LAW GENERALLY – where the practitioner was an unregistered health practitioner – where the Health Ombudsman took immediate action by issuing an interim prohibition order in relation to the practitioner under s 68 of the Health Ombudsman Act 2013 (Qld) – where the interim prohibition order prohibited the practitioner from any employment (paid or otherwise) in a clinical or non-clinical capacity which relates to the provision of any health service – whether the Tribunal believes the action is necessary to protect public health or safety.”
Find decision here.
Inquest into the death of Edward James Laurie [2017] NTLC 15
Delivered on: 15 June 2017
“Long term petrol sniffing, failure to realise objects of the Volatile Substance Abuse Prevention Act, failure to provide a treatment program, failure to follow processes outlined in Act.”
Findings detailed here.
Dorris Maharaj v Northern Health [2017] FWC 2997
Decision date: 20 June 2017
“Application for relief from unfair dismissal – dismissal harsh, unjust or unreasonable – applicant unfairly dismissed – remedy – reinstatement sought – satisfied could return to position occupied prior to dismissal – no conditions placed on reinstatement – ancillary matters considered – reinstatement ordered.”
Find decision here.
Seven Network Limited v South Eastern Sydney Local Health District [2017] NSWCATAD 210
Decision date: 27 June 2017
“Government Information (Public Access) – application for disclosure of CCTV footage of assaults on staff at hospitals – whether overriding public interest against disclosure – disclosure of personal information and health information – disclosure prejudicing the effective exercise of the agency’s functions – whether pixelation of faces and identifying marks would avoid concerns – impact on operations of hospitals if footage recording treatment of patients was released.”
Find decision here.
Make our mental health laws fit for purpose
The Guardian, 1 July 2017
Author: Various
“Leading figures involved in the law, mental health and social work call on the government to ensure the detention of people with mental health problems is central to its promised review of current legislation.”
Find letters here.
Indemnity provider calls for urgent reform of negligence payouts
BMJ 2017; 357: j3025
Author: Clare Dyer
“The spiralling cost of clinical negligence claims in England will become unsustainable unless the government reforms the system as a matter of urgency, a leading doctors’ indemnity organisation has argued at the launch of a new campaign.”
Find article here.
Withdrawing clinically assisted nutrition and hydration (CANH) in patients with prolonged disorders of consciousness: is there still a role for the courts?
Journal of Medical Ethics 2017;43:476-480.
Author: English V, Sheather JC
“Currently, in England and Wales, Court of Protection’s Practice Directive 9E (PD9E) requires all cases of proposed withdrawal or withholding of life-sustaining treatment in relation to adults in a permanent vegetative state (PVS) or minimally conscious state be referred to the Court. This paper looks at the origins of PD9E and contrasts the routine requirement to refer cases to court with the complex clinical terrain that comprises those suffering from prolonged disorders of consciousness.”
Find article here (part of a series of articles on this topic)
Ten-year ban for steroid-prescribing doctor
Australian Doctor, 27 June 2017
Author: Anthony Scholefield
“A doctor who wrote in his notes “naughty boy wants to get buff by April” when prescribing steroids and stimulants to hundreds of body-builders has been struck off for 10 years.”
Find article here.
NHS and police blamed for killing by psychiatric patient on conditional discharge
BMJ 2017; 357: j3103
Author: Clare Dyer
“An independent inquiry commissioned by NHS England into the case of a psychiatric patient, previously committed for killing her mother, who killed another woman while on conditional discharge, has identified serious failings by the NHS and the Metropolitan Police.”
Find article here.