Health Care Update is a new publication Sparke Helmore
has produced to provide information about legal issues and topics
affecting health care providers and insurers. In this issue we
examine a number of cases and deal with two contentious issues: the
complex issue of consent and emergency department violence. We also
provide a state-by-state round-up of legal developments.
In other news, Sparke Helmore has recently expanded its Health
Care team with Partner
Catherine Power and Special Counsel
Jessica Bristol joining the firm. Catherine, who now leads our
Canberra office's Health Care team, has more than 15 years'
experience in insurance litigation. She advises on commercial
insurance litigation in areas including public liability,
professional indemnity and medical negligence, and was acknowledged
in the 2017 Best Lawyers list for Insurance. Jessica, who is also
part of our Canberra Insurance team, has more than 10 years'
experience advising and representing insurer clients in
professional indemnity, medical malpractice and general
Unravelling the complex issue of consent
Australian law recognises that a person's consent is
generally required before treatment. However, what appears to be a
simple principle gets complicated when the patient doesn't have
the capacity to provide consent and when the people who are
providing consent on their behalf refuse treatment. In this
article, we use recent case law to explore these complexities.
Violence on the rise in emergency departments
When most people think of violent workplaces, the health care
industry isn't the first thing that comes to mind. However,
emergency departments are now ranked as one of the highest risk
areas in Australia, with 90% of emergency department nurses in NSW
reporting exposure to verbal and physical violence at some point in
There have been a number of developments in NSW, Queensland,
Victoria and Western Australia that affect health care
practitioners and insurers.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Cannabis, as a narcotic, is currently regulated under a myriad of Commonwealth and State laws.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).