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Hicksons 2018 Health Law Forum Wrap Up

On Tuesday 18 September 2018, we had the pleasure of hosting the Hicksons 2018 Health Law Forum. The Health Law Forum Wrap Up includes a short summary of each of the speaker’s presentations.
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What happens when data is breached?

In February 2017, Federal Parliament passed the Privacy Amendment (Notifiable Data Breaches) Act 2017, and a year later – in February 2018 – the Notifiable Data Breaches Scheme (NDBS) came into effect. 
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Telephone + trolley = trouble; a plaintiff’s contributory negligence assessed at 25% on appeal

On 6 April 2014, Mr Bridge slipped and fell in a below ground carpark at Coles’ Coffs Harbour store.
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Offers of Compromise – take your medicine early

Malek Fahd Islamic School Limited v The Australian Federation of Islamic Councils Inc (No 2) [2018] NSWSC 361 is a recent reminder of the importance of offers of compromise and the consequences of ignoring them.  
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Anaphylaxis and malignant hyperthermia - what was the cause of death?

The Victorian Coroner was recently required to consider whether the death of a child was due to an anaphylactic reaction suffered whilst an in-patient or whether the death arose due to the management of the anaphylaxis.
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When is enough enough? - anaesthetist's appeal fails

In our blog on 19 May 2018 we reported on a decision in which an orthopaedic surgeon and anaesthetist were both found negligent for failing to abandon surgery prior to the plaintiff suffering paraplegia.  
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Legislative amendments affecting the health sector

On 14 February 2018 the Health Legislation Amendment Bill 2018 (https://www.legislation.nsw.gov.au/bills/2994c40b-79ef-46a5-b38f-74a427979fe2) was passed by both House of Parliament.
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When technology fails

There has been reporting in the mainstream media this week of Monday’s IT failure which led to approximately 1200 doctors sitting their basic training exam with the Royal Australian College of Physicians being shut down due to a technical fault.
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Clinical Trial approval where potential participants lack the capacity to consent

The Clinical Manager of a Hospital, applied to The NSW Civil and Administrative Tribunal for approval to conduct a clinical trial, a double-blind, randomized, placebo-controlled study to investigate the efficacy and safety of cannabidiol (CBD) which is an add-on therapy in the treatment of tuberous sclerosis complex (TSC) (GWP42003-P Trial) [2017] NSWCATGD 30. 
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Is your expert actually an expert?

In a recent WA case the plaintiff alleged that the Hospital breached its duty of care to her by failing to recognise that she was suffering from evolving and detectable sepsis, and to commence antibiotic treatment in a timely manner. The Court was only asked to make a finding as to liability.
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Reducing suicide and deliberate self-harm in mental health in patient units

Recommendations have been made in the coronial jurisdiction following an inquest into the death of a patient in a declared mental health inpatient unit.
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Medical manslaughter - The Australian Experience

Medical manslaughter has come into the spotlight in the last week following the recent decision in England to deregister a medical practitioner after she was found guilty of manslaughter in 2015.
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Forged consent forms lead to suspended registration

A medical specialist has been prosecuted for professional misconduct and had their registration suspended after forging consent forms for over 30 patients.

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