JUDGMENTS
Supreme Court of Victoria
Stephen Grinham (the plaintiff) sought damages from his former employer after contracting the Q fever virus at work. This claim settled. The third-party proceeding against Dr Catherine Murray and proceedings instituted against the third party by Victorian WorkCover Authority (VWA) were heard jointly. The allegations in both proceedings were identical; Dr Murray had been negligent in her provision of advice to the plaintiff.
The plaintiff attended Dr Murray's office in 2002 for immunisation against the Q fever virus. Vaccination could only be carried out if the plaintiff tested negative to the virus. Tests showed that he was a "low positive" and were deemed inconclusive. He was asked to re-attend in a month's time for further testing. The plaintiff did not re-attend and in 2006 he was struck down with Q fever.
The court considered whether or not the defence afforded by section 59 of the Wrongs Act 1958 (Vic) applied. Section 59 states that a professional is not negligent if it is established they acted in a manner that was widely accepted in Australian by a number of respected practitioners in the field as competent. The court found in this case that this section did not apply, but that if it were to be considered, the court would find that there was not enough evidence to establish the approach taken by Dr Murray was widely accepted in Australia as competent so that defence was not available.
Nevertheless, both claims were dismissed as Tabro and VWA had failed to establish, applying the normal principles of negligence, that Dr Murray was negligent in her advice.
Western Australia. State Administrative Tribunal
Medical Board of Australia and Woollard [2012] WASAT 209 (19 October 2012)
The Medical Board of Australia (the applicant) brought an allegation to the Tribunal that Dr Woollard (the respondent) had acted carelessly or incompetently in his conduct of an angioplasty.
The respondent performed a right coronary angioplasty on a patient in August 2006. During the procedure, the balloon catheter that the respondent was using to clear a blockage burst.
The applicant alleged that the respondent caused the balloon to be inflated to a pressure of 18 atmospheres, which was four atmospheres above the balloon's Rated Burst Pressure (RBP). The respondent denied this and claimed that he had only inflated the balloon to 15 atmospheres and after the balloon did not clear the blockage, he instructed the scrub nurse to fully deflate the balloon before reinflating to 15 atmospheres.
The applicant also alleged that inflating the balloon to 18 atmospheres, failing to withdraw the balloon before inflating it beyond 15 atmospheres and failing to replace it with a balloon with a higher RBP was careless or incompetent.
The Tribunal heard evidence from two nurses present during the procedure. Although neither nurse could remember specifics of the procedure, they used their knowledge and notes from the procedure to give evidence. The Tribunal considered the evidence and held that it was more probable than not that the respondent had caused the balloon to be inflated to 18 atmospheres.
The Tribunal found that the respondent had acted carelessly but not incompetently. The parties were given time to prepare submissions in relation to penalty and cost.
LEGISLATION
Commonwealth
Health Workforce Australia (Eligibility) Instrument 2012 (No. 1) - F2012L02069 " as made
Health Insurance (Endovenous Laser Therapy) Determination 2012 (No. 2) - F2012L02063 " as made
New South Wales
Cancer Institute (NSW) Amendment Bill 2012
South Australia
Advance Care Directives Bill 2012
Western Australia
Mental Health Amendment (Psychiatrists) Bill 2012
REPORTS
Australia. Department of Health & Ageing
Media releases
- 25 October 2012 - New Headspace program to help schools affected by suicide - A new suicide support service to be provided in secondary schools across the country will support students and the broader school community in the wake of a suicide.
- 24 October 2012 - Important new medicines listed on the Pharmaceutical Benefits Scheme
Private health insurance circulars
- PHI 66/12 Contact details for the Second Tier Advisory CommitteeSecretariat
- PHI 65/12 2013 Premium Round
Australian Government response to the report of the Senate Select Committee on Men's Health
Australian Health Practitioner Regulation Agency and the Boards
25 October 2012 - The Podiatry Board of Australia releases its latest communiqué
24 October 2012 - The Medical Radiation Practice Board of Australia releases its latest communiqué
24 October 2012 - The Osteopathy Board of Australia releases its latest newsletter
24 October 2012 - The Physiotherapy Board of Australia releases its latest communiqué
22 October 2012 - The National Board (Psychology) has released the September figures on Board approved supervisors in Australia
19 October 2012 - Call for Nominations or Expressions of Interest for a health practitioner to join the VIC/ACT/TAS Regional Board of the Psychology Board of Australia
Australian Commission on Safety and Quality in Health Care
On the Radar – 22 October 2012 – Issue 102 (84KB)
Australia. National Health and Medical Research Council
Research Tracker – 19 October 2012
Australia. Therapeutic Goods Administration (TGA)
26 October 2012 - Key date for sponsors of biologicals - 30 November 2012 - 30 November 2012 is a key date for sponsors of biologicals that are currently supplied in Australia but are not currently included in the Australian Register of Therapeutic Goods (ARTG).
26 October 2012 - Biological application - The form to apply for inclusion of a biological in the ARTG is an electronic application form, available on the TGA eBusiness Services portal.
26 October 2012 - Advisory Committee on the Safety of Medicines - Added 2013 meeting dates.
23 October 2012 - "Blue card" adverse reaction reporting form - Updated form.
22 October 2012 - TGA presentation given at information sessions on minor variations to prescription medicines, 26 September - 17 October 2012 - The presentation explains the outcomes of the recent review of business processes for making minor variations to prescription medicines and how the outcomes will be implemented.
22 October 2012 - Orphan drugs - Added to the list of designated orphan drugs: denosumab (XGEVA), propranolol hydrochloride, recombinant factor IX (FIXTERA), recombinant human coagulation factor IX Fc fusion protein (rFIXFc) and carglumic acid (CARBAGLU).
22 October 2012 - TGA presentation given at International GMP Summit, Washington 12-14 September 2012 - The presentation highlights the challenges of the program and the successes achieved through collaborative efforts by international agencies.
19 October 2012 - TGA internal review guideline - This guideline provides information on the operation of internal review in TGA
Australia. Private Health Insurance Administration Council
Australian Institute of Health and Welfare (AIHW)
Media release
- 25 October 2012 - AIHW wins "connected government" award for MyHospitals website
Publications
- 26 October 2012 - Assisted reproductive technology in Australia and New Zealand 2010 (media release)
- 25 October 2012 - Chronic conditions and oral health | Families and their oral health (media release)
New South Wales. Ministry of Health
Media releases
- 24 October 2012 - NSW Government reforms organ donation
- 23 October 2012 - NSW Government boosts cancer research
- 22 October 2012 - Minister recognises Illawarra excellence at NSW Health Awards
- 22 October 2012 - Minister recognises local excellence at NSW Health Awards
- 19 October 2012 - Minister recognises Hunter excellence at NSW Health Awards
- 19 October 2012 - Minister recognises excellence at NSW Health Awards
- 19 October 2012 - Health Minister opens inaugural innovation symposium
Guideline
- 18 October 2012 - Mental health, drug and alcohol - emergency department and ambulance monitoring - GL2012_009
Information bulletins
- 24 October 2012 - New award for teachers in NSW Health early childhood service centres -IB2012_034
- 19 October 2012 - Pension-based - scale of fees - IB2012_033
- 18 September 2012- Health records and medical/clinical reports - rates -IB2012_032
Northern Territory. Department of Health
Queensland. Department of Health
Media releases
- 23 October 2012 - Health's "waiting for the list waiting list" - no longer a state secret - Health Minister, Lawrence Springborg has ripped the cover off a long-running state secret, publishing for the first time the hidden "waiting list for the waiting list" that has long dogged patients in the Queensland health system.
- 23 October 2012 - Swan-song for Health funding as Labor conjures another black hole - Health Minister, Lawrence Springborg has criticised Wayne Swan for stripping $342 million from Commonwealth support for Queensland Health.
- 19 October 2012 - Minister endorses aged care changes - Health Minister,Lawrence Springborg says changes to aged care announced today by the Metro North Hospital and Health Board must be managed carefully to protect the interests of residents and staff, while delivering the best results for taxpayers.
Queensland Health Annual Report 2011–2012 out now
South Australia. Department of Health
Media releases
- 25 October 2012 - Commercial sun beds to be banned from 2015 - The owners of tanning salons in South Australia will be consulted on adapting their businesses ahead of a ban on the commercial use of sun beds from 2015.
- 23 October 2012 - Helping older people to get active in their communities - Support for grandparents and new kitchen equipment for Asian seniors to enjoy shared cooking activities are among the programs to benefit from state government grants for older people.
- 23 October 2012 - Work starts on new Wallaroo dental clinic - Site works have started for the new $3.6 million Wallaroo Public Dental Clinic.
Tasmania. Department of Health and Human Services
Media releases
- 22 October 2012 - New lease of life for Stainforth Court
- 22 October 2012 - High satisfaction with Ambulance Tasmania
Western Australia. Department of Health
Media release
- 22 October 2012 - High-quality free public hospital care
Information circular
24 October 2012 - IC 0126/12 - Registered nurses/midwife post-graduate qualification allowance process - Review of the post-graduate qualification allowance has taken place - changes are now been implemented. Circular to inform of the new process.
Operational directive
18 October 2012 - OD 0397/12 - Use of acute oxygen therapy in Western Australian hospitals - Update to original operational directive to ensure document is in line with the current adult Western Australian observation charts; trigger to call for medical review changed from <88% to =90% (oxygen saturation level).
New Zealand. Ministry of Health
26 October 2012 - New Zealand maternity clinical indicators 2010
18 October 2012 - Annual report for the year ended 30 June 2012
18 October 2012 - Health and independence report 2012
United Kingdom. Department of Health
25 October 2012 - Health Secretary announces funding for care homes and wards specially designed for people with dementia - Health Secretary, Jeremy Hunt has announced dedicated funding to create care environments for people with dementia that help reduce anxiety and distress, and help people feel safe.
24 October 2012 - Single system for nutrition labelling announced - The Department has announced proposals for front-of-pack nutrition labelling that clearly displays how much fat, saturated fat, salt and sugar and how many calories food products contain.
22 October 2012 - Health staff reminded to get flu jab - Health staff are being reminded to get vaccinated against flu to cut the risk of it spreading to patients and colleagues this winter.
Australian Medical Association (AMA)
26 October 2012 - AMA applauds future fund review of tobacco industry investments - The AMA applauds the Future Fund's decision to review its tobacco investments. In a letter to Future Fund Chair, Mr David Gonski AC, earlier this week, the AMA outlined health, moral and economic arguments against the use of Australian taxpayers' money to benefit Big Tobacco.
22 October 2012 - Junior doctors and medical students call for urgent solution to medical training crisis - Junior doctors and medical students are today calling on all Australian governments to put politics aside and work cooperatively to ensure that all locally-trained medical students are guaranteed an intern place and the opportunity to graduate and use their skills to provide much-needed medical services in local communities across the country.
British Medical Association
25 October 2012 - Social care plans demand robust funding system
25 October 2012 - Global clinician health conference starts today
24 October 2012 - Foundation programme oversubscribed again
24 October 2012 - Data and disclosure
24 October 2012 - Progress for women medical academics welcomed
24 October 2012 - Doctors shown route to claim subs tax relief
24 October 2012 - From tennis elbow to iPad hand
23 October 2012 - GPs warn of shortfall in IT support
23 October 2012 - Department of Health threatens to impose GP contract changes
23 October 2012 - HR overhaul would boost recruitment
19 October 2012 - UK's training reputation under threat
Canadian Medical Association (CMA)
25 October 2012 - CMA creates one-on-one leadership coaching program for MDs
22 October 2012 - CMA honours journalists who "rose to challenge" covering health care
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