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Article 15/09/2022
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
The recent decision of the Psychology Board of Australia v Frances (Review and Regulation) [2022] 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.
Article 16/08/2022
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.
Article 10/06/2022
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.
Article 18/05/2022
In this article, we explore the recent decision of Health Care Complaints Commissioner v Payne which demonstrates the serious risks health practitioners face if they access patient health records without authority. We discuss the best practices medical practitioners should implement to protect themselves and consider the circumstances in which it may be appropriate for medical practitioners to access and disclose the health records of patients who are not under their care.
News 10/05/2022
Global insurance and litigation law firm Kennedys has promoted six new partners in Australia, a significant share of the record round of 22 partner promotions worldwide that take effect from 1 May 2022. This is the largest round of internal promotions since Kennedys opened the first Australian office in 2006.
Article 02/05/2022
While Australia was one of the first countries in the world to adopt privacy legislation, it has always lacked a cause of action for invasion of privacy. The Attorney-General’s Department is currently reviewing the Privacy Act 1988 (Cth), including whether an action for invasion of privacy should be introduced into Australian law.
Article 27/04/2022
Kennedys Healthcare team is a regular contributor to ‘The Hong Kong Medical Association News’, a monthly publication by The Hong Kong Medical Association. In this April 2022 edition, Partner Christine Tsang discusses a recent court case in relation to the question 'Can patients pursue legal action after the three-year limitation period?'
Article 23/02/2022
Doctors and other health professionals are, regrettably, often the victims of online abuse – including by Google reviews, Facebook posts, and on specialist websites like ‘RateMD’s’. In this article, we explore the remedies available, how these remedies may be undermined if the Commonwealth Government’s ‘Social Media (Anti-Trolling) Bill’ is enacted and possible options for reform.
