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Healthcare Brief: market insights - March 2023
A summary of key developments which include a Call for Evidence to explore the option of a dual/multiple personal injury discount rate; publication of the summary of responses to the consultation on appropriate clinical negligence cover; the Powers of Attorney Bill; a letter to the profession from the General Medical Council; and draft statutory guidance issued on the protection of patient data.
Healthcare Brief: latest decisions - March 2023
A roundup of recent court decisions raising issues relating to divisible injury and material contribution in obstetric cases; best interest decisions and the role of parents in the clinical ethics committees’ process; and qualified one-way costs shifting.
What to expect if requested to give witness evidence at a Medical Practitioners Tribunal Service hearing
Witnesses of fact are a key part of hearings held by the Medical Practitioners Tribunal Service. A hearing which determines whether, or not, a doctor is fit to practise medicine. Here, we consider the process and what is expected of a witness asked to be involved in a MPTS hearing.
The Health Practitioner Regulation National Law and Other Legislation Amendment Act: Changes to the National Law
The Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 has introduced amendments that impact over 30 areas of the Health Practitioner Regulation National Law. Special Counsel, Mia Campbell, and Paralegal, Jimmy Zhang, summarise the key changes and important details to watch for in an article published in the Australian Medical Association (Victoria)’s blog, Stethoscope.
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.
Disclosing patient images: the importance of confidentiality
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.
Reopening of occupational injury cases in the Council of Appeal
On 16 September 2022, the Council of Appeal ruled in an occupational injury case in which the Council of Appeal were summoned by Kennedys on behalf of the occupational injury insurance company.
Kennedys recognised as a leading law firm in Chambers UK 2023 solicitors guide
Top accolades awarded to the firm in the latest Chambers & Partners guide to leading law firms and lawyers across the country.
Healthcare Brief: latest decisions October 2022
A roundup of recent court decisions raising issues relating to Part 36 offers; Calderbank offers and judicial discretion, and contempt of court.
Healthcare Brief: market insights October 2022
A summary of key developments which include the second report on the Early Notification Scheme; the draft Mental Health Bill 2022; the Data Protection and Digital Information Bill; the Damages Claims Portal; proposals to increase the use of mediation in the civil justice system; the costs review launched by the Civil Justice Council; and the current position regarding proposals to change the Mental Capacity Act 2005 Code of Practice and implementation of the Liberty Protection Safeguards.