Langton v Western Sydney Local Health District

Decision date: 23 November 2017
“PRACTICE AND PROCEDURE – Jurisdiction of Courts (Cross-vesting) Act 1993 – application to transfer – whether transfer in the interests of justice.The substantive proceedings concern claims of medical negligence in the neonatal care and treatment of Ms Georgia Langton after her birth in Blacktown Hospital on 1 July 1997.  Ms Langton claims personal injury damages for the alleged medical negligence.  The other two related proceedings are separately brought against the same defendants by each of Ms Langton’s parents, claiming damages for psychiatric injury alleged to have arisen from the negligence.”
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ACCC sues Voltaren makers GlaxoSmithKline and Novartis for misleading consumers

SMH, 6 December 2017
Author: Esther Han
“Two pharma giants have been taken to the Federal Court for allegedly misleading osteoarthritis sufferers into paying 33 per cent more for a “more effective” product that offers “targeted relief”, when this was not the case.”
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Why a Lot of Important Research Is Not Being Done

NYT, 4 December 2017
Author: Aaron E Carroll
“We have a dispiriting shortage of high-quality health research for many reasons, including the fact that it’s expensive, difficult and time-intensive. But one reason is more insidious: Sometimes groups seek to intimidate and threaten scientists, scaring them off promising work. Lawsuits have an intimidating effect on an already difficult enterprise.”
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Health Care Complaints Commission v Menz (No. 2) [2017] NSWCATOD 172

Decision date: 30 November 2017
“PROFESSIONS AND TRADES – Health Practitioner – whether practitioner not a suitable person to hold registration. WORDS AND PHRASES – meaning of “substantial risk to the health of the pubic”. COSTS – principles applying to awarding costs under Health Practitioner Regulation National Law (NSW).”
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The no correlation argument: can the morality of conscientious objection be empirically supported? the Italian case

BMC Medical Ethics 2017 18:64
Authors: Marco Bo, Carla Maria Zotti, Lorena Charrier
“The legitimacy of conscientious objection to abortion continues to fuel heated debate in Italy. In two recent decisions, the European Committee for Social Rights underlined that conscientious objection places safe, legal, and accessible care and services out of reach for most Italian women and that the measures that Italy has adopted to guarantee free access to abortion services are inadequate. Nevertheless, the Ministry of Health states that current Italian legislation, if appropriately applied, accommodates both the right to conscientious objection and the right to voluntary abortion.”
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What to Do When a Patient Has a ‘Do Not Resuscitate’ Tattoo

The Atlantic, 1 December 2017
Author: Ed Yong
In Florida, patients can ask not to be resuscitated by filling in an official form and printing it on yellow paper. (Yes, it has to be yellow.) Only then is it legally valid. Clearly, a tattoo doesn’t count. And yet, the patient had clearly gone through unusual effort to make his wishes known. The team members debated what to do, and while opinions differed, “we were all unanimous in our confusion,” says Holt.
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High court finds that tribunal treated GP too leniently

BMJ 2017; 359: j5564
Author: Clare Dyer
“The General Medical Council has won a High Court ruling that a medical practitioners’ tribunal treated a GP too leniently when deciding whether his fitness to practise was impaired. A High Court judge ruled that the basis on which the tribunal decided that Muhammed Moazzam Chaudhary’s fitness to practise was impaired was too narrow and failed to take account of the need to maintain proper professional standards and public confidence in the profession.”
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‘I want control over my body’: Transgender kids in landmark court win

SMH, 30 November 2017
Author: Miki Perkins
“But in a landmark decision on Thursday, the full bench of the Family Court ruled young people who experience gender dysphoria and want to undergo hormone treatment would no longer need the approval of the court. Until this ruling, Australia was the only country in the world that required court involvement in stage 2 hormone decision-making.”
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Princess Margaret Hospital sued over treatment of toddler who developed cerebral palsy

ABC, 28 November 2017
Author: Frances Bell
“Sunday Mabior was just 16 months old when she was taken to hospital after being scalded by hot water — but instead of getting better, she ended up in a “life and death struggle” that left her with a severe disability, a Perth court has heard.”
Find article here.