By Nigel Preston, Alison Choy Flannigan and Andrew Forbes
In this edition of the Health Law Bulletin, we provide an update on legal issues affecting the health, biotech, life sciences, retirement living and aged care sectors, including:
- an update on the National Health and Hospitals Network Agreement and the National Health and Hospitals Network Bill
- an update on the ACCC prosecution of Baxter Healthcare Pty Limited
- a medico-legal update on emergency department medical malpractice cases
- an update on embryonic stem cell research and biological therapies in the US and Australia
- a case note on H Limited v J on end of life decisions
- an update on trade practices developments in consumer law
- an update on the new Code of Good Manufacturing Practice for Medicinal Products
- recent developments concerning copyright in medical records, Primary Health Care Limited v Commissioner of Taxation
Welcome to the November 2010 edition of our Health Law Bulletin, a publication from the Australian Health team at DLA Phillips Fox.
DLA Phillips Fox has one of the largest health, biosciences and aged care legal practices in Australia and has been advising clients across these growing sectors for many years. As you will see from the articles from this edition of the Health Law Bulletin, our team advises across all facets of the health sector. Many of our lawyers have held high level positions within the Australian health sector bringing a unique understanding of its complexity and regulatory framework.
Contributors to the Health Law Bulletin include members of our Health team, as well as lawyers from other practice groups at DLA Phillips Fox.
We hope you enjoy reading this edition of our Health Law Bulletin and are able to gain a unique insight into current issues affecting you.
Contents
HEALTH
A NATIONAL HOSPITAL NETWORK AGREEMENT
The National Health and Hospitals Network Agreement will reshape public hospital networks and bring significant changes to governance arrangements.
BAXTER BREACHES OF THE TRADE PRACTICES ACT BRING $4.9M PENALTY
On 26 August 2010, the Full Federal Court handed down penalties of $4.9 million against Baxter Healthcare Pty Limited for breaches of sections 46 and 47 of the Trade Practices Act.
COPYRIGHT IN MEDICAL RECORDS - PRIMARY HEALTH CARE LIMITED v COMMISSIONER OF TAXATION
A recent Federal Court decision determined that although health records are owned by the medical practitioner or the practice that created the record, in some cases there is no copyright in health records at all.
MEDICO LEGAL
EMERGENCY DEPARTMENT MEDICAL MALPRACTICE CASES
There have been a number of recent cases relevant to emergency departments. This article briefly summarises some of the relevant cases and draws from them lessons to be learned.
LIFE SCIENCES, PHARMACEUTICALS & BIOTECHNOLOGY
EMBRYONIC STEM CELL RESEARCH AND BIOLOGICAL THERAPIES
Recent developments in embryonic stem cell research and biological therapies in the US and Australia.
NEW CODE OF GOOD MANUFACTURING PRACTICE FOR MEDICINAL PRODUCTS
The Code of Good Manufacturing Practice for Medicinal Products became mandatory from 1 July 2010, bringing some significant changes that manufacturers of medicinal products should be aware of.
RETIREMENT LIVING AND AGED CARE
A recent Supreme Court of South Australia decision determined that a person may legally refuse sustenance and medication which is likely to end their life if their consent is 'rational, voluntary and informed', and that the care provider would be released from any duty to act otherwise.
REGULATORY AND GENERAL
10 THINGS YOU NEED TO KNOW ABOUT AUSTRALIAN CONSUMER LAW
The new Australian Consumer Law will bring about the most comprehensive changes to the Trade Practices Act since its inception in 1974 and raises potentially significant issues for suppliers and manufacturers.
A recent Supreme Court of New South Wales decision allowed an appeal to a community treatment order on the basis that it was not the least restrictive alternative consistent with safe and effective care.
© DLA Phillips Fox
DLA Phillips Fox is one of the largest legal firms in Australasia and a member of DLA Piper Group, an alliance of independent legal practices. It is a separate and distinct legal entity. For more information visit www.dlaphillipsfox.com
This publication is intended as a first point of reference and should not be relied on as a substitute for professional advice. Specialist legal advice should always be sought in relation to any particular circumstances.
