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In this quantum comparison report, we provide an overview of the approach to claims, capturing the insights from our medical negligence experts in Australia, Canada, France, Hong Kong, Ireland, Israel, Latin America, Portugal, Spain and the UK.
Cases concerning ethical and moral decision making always attract widespread interest. In our recent Medical Law Group seminar in Cambridge – Best Interests - Planning Ahead – we explored many of the reasons for this and how decision-making could become less committee-led.
Towards a consumer-centred mental health system? An exploration of the Mental Health and Wellbeing Act 2022 (Vic)
On 6 September 2022, the Mental Health and Wellbeing Act 2022 (Vic) received Royal Assent. In this article we consider whether the Act has the capacity to deliver a fairer, more compassionate mental health system focussed on consumer recovery and support, a system which encourages a human rights-based culture to flourish.
In this article we explore a recent decision of the Victorian Civil and Administrative Tribunal, which serves as a reminder of the importance of confidentiality in the doctor-patient relationship and the situations in which the disclosure of patient health information is prohibited.
The complexities of best interests decisions and the role of parents in clinical ethics committees’ process
In this article, which was originally published in the Australian Health Law Bulletin, our healthcare experts in Australia and the UK provide an overview of the recent decision of Manchester University NHS Foundation Trust v Verden and consider its implications for clinical ethics committees.
Joining an existing medical practice as an owner is a big step, both in terms of practitioners' medical career and their legal responsibilities. It is important for practitioners to properly understand what they are signing up to. In this article, Nicholas Blackmore discusses the different types of business structures and the factors practitioners should consider when joining a medical practice as an owner.
Case review 15/09/2022
Psychology Board of Australia v Frances: lessons for psychologists on the importance of maintaining professional boundaries
The recent decision of the Psychology Board of Australia v Frances (Review and Regulation)  VCAT 372 is a reminder to psychologists of the importance of establishing and maintaining professional boundaries with all clients. It is clear that failure to do so, even when the circumstances do not amount to exploitation or sexual conduct, can result in censure.
In 2021, the Senate Community Affairs References Committee conducted an inquiry into AHPRA. Special counsel Mia Campbell and paralegal Jimmy Zhang review the Committee’s recent findings and consider whether their recommendations go far enough or, indeed, go too far.
Case review 24/07/2022
A question put before the courts time and time again is whether a doctor has breached a duty of care. Many cases involve general practitioners who, by virtue of their unique role in primary care, are the first to provide advice and treatment.
When one receives surgery, it is common to receive a separate invoice from the physician and the facility. The physician bills for performing the surgery, and the facility bills for providing the products and services necessary for the surgery to be performed. The latter is known as a “facility fee,” which often includes the operating room, drugs, diagnostic tests, scalpels, electrodes, etc.