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6 MAY 2013 Judgments

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6 MAY 2013 Judgments 6 MAY 2013 Judgments....................................................................................................................................2 Australian Information Commissioner...................................................................................2 New South Wales. Medical Tribunal.......................................................................................2 South Australia. Coroner.........................................................................................................2 Tasmania. Magistrates Court..................................................................................................3 Legislation....................................................................................................................................3 Commonwealth ........................................................................................................................3 Reports .........................................................................................................................................3 Australia. Prime Minister.........................................................................................................3 Australia. Department of Health and Ageing.........................................................................3 Australia. National Mental Health Commission ....................................................................3 Australia. Health Workforce Australia ...................................................................................3 Australia. Productivity Commission ......................................................................................3 Australian Bureau of Statistics...............................................................................................3 Australia. National E-Health Transition Authority ................................................................4 Australian Health Practitioner Regulation Agency & the boards........................................4 Australian Commission on Safety and Quality in Health Care............................................4 Australian Institute of Health and Welfare.............................................................................4 Australia. Therapeutic Goods Administration ......................................................................4 Australian Capital Territory. Health Directorate ...................................................................5 New South Wales. Ministry of Health.....................................................................................5 New South Wales. Health Statistics .......................................................................................5 Northern Territory. Department of Health..............................................................................5 Queensland. Department of Health ........................................................................................6 South Australia. Department for Health & Ageing................................................................6 Victoria. Department of Health ...............................................................................................6 Western Australia. Department of Health ..............................................................................7 New Zealand. Ministry of Health.............................................................................................7 United Kingdom. Department of Health.................................................................................7 United States of America. Department of Health & Human Services .................................7 Australian Medical Association..............................................................................................7 British Medical Association ....................................................................................................7 Canadian Medical Association ...............................................................................................8 DLA Piper 1 JUDGMENTS Australian Information Commissioner 24 April 2013 - Foundation for Alcohol Research and Education and Department of Health and Ageing [2013] AlCmr 52 Decision and reasons for decision of Acting Freedom of Information Commissioner, Toni Pirani. South Australia. Coroner 8 April 2013 - Inquest into death of Terrill Anthony May 36/2011 The deceased, aged 69, died of a subarachnoid haemorrhage, which arose from a ruptured aneurysm, with contributing cardiomegaly. In the days prior to his death, the deceased had been experiencing health difficulties, including hypertension and headaches, for which he had sought medical assistance. The Coroner found that the deceased's death was "entirely preventable" as he had sought treatment for his headaches in the weeks prior to his death, and during that period his treating practitioners at a medical centre and hospital missed opportunities to diagnose and treat his condition. Evidence demonstrated that had the deceased's brain aneurysm been recognised at the hospital where he had presented a fortnight before his death, as it ought to have been based on radiological imagery taken the day before, medical intervention could have saved his life. Medical intervention could have involved either endovascular means or with open surgery and clipping of the aneurysm. An issue for the Court was the failure of a referral letter from the deceased's General Practitioner (GP) to arrive at the hospital's Emergency Department (ED) prior to the deceased's presentation. The Coroner's recommendations therefore included that procedures within the ED dealing with the alignment of referral letters with presenting patients be regularly reviewed. It also recommended that GPs referring patients with suspected subarachnoid haemorrhage be encouraged to verbally notify EDs of their patients' expected arrivals, and that GPs who have referred such patients carefully scrutinise discharge summaries and letters to ensure they are satisfied all relevant diagnostic information has been taken into account. New South Wales. Medical Tribunal 29 April 2013 - Health Care Complaints Commission (HCCC) v Dr Annette Dao Quynh Do [2013] NSWMT 7 The respondent doctor obtained qualifications in New Zealand and was registered to practice in NSW from 1995 until 2009 when her name was removed from the Register because she had not paid her annual registration fee. In 2006 the doctor diagnosed her de facto partner with "cluster headaches" and in 2008 he died from a self-administered overdose of amitriptyline. An inquest was held into his death, which led to an investigation into the doctor's conduct. Two complaints were made against her. The Tribunal found that the HCCC established the doctor was her partner's primary medical provider, and rejected the doctor's contention that she was merely a facilitator or coordinator of his real primary providers. Evidence showed the doctor prescribed her partner pethidine, morphine and amitriptyline when she knew he was drug dependant, if not addictive. This led the Tribunal to accept the HCCC's submission that the doctor's treatment of her partner was "erratic, contradictory, irresponsible and destructive." The Tribunal held this demonstrated that the doctor's knowledge, skill and judgment was significantly below the standard reasonably expected of a practitioner of equivalent training or experience. The doctor admitted she failed to keep adequate records in contravention of clause 5 of the Medical Practice Regulation 2003 and clause 37 of the Poisons and Therapeutic Goods Regulation 2002. The Tribunal held this failure was made more serious because of the large number of different and potentially dangerous medications involved. The Tribunal therefore found the doctor guilty of unsatisfactory professional conduct and professional misconduct. 19 April 2013 - Balafras v Medical Council of NSW [2013] NSWMT 4 DLA Piper 2 Medical Tribunal - application for review of earlier deregistration orders - whether case for reinstatement has been made out. 3 April 2013 - Michael Bar - Mordecai v Medical Council of NSW [2013] NSWNMT 5 Medical practitioner - application to disqualify Deputy Chairperson refused - application to Tribunal struck out as an abuse of process - failures to comply with conditions of Supreme Court leave and directions of the Tribunal - inherent power in Tribunal of its own motion to strike out proceedings as an abuse of process. 22 April 2013 - HCCC v Rahman [2013] NSWMT 6 Serious criminal conduct, deregistration. Tasmania. Magistrates Court 25 February 2013 - An inquest touching the death of Joanne Jean York. Death in the Intensive Care Unit (ICU) following gastric banding surgery. LEGISLATION Commonwealth National health (Weighted average disclosed price - main disclosure cycle) Determination 2013 (No. 1) (No. PB 26 of 2013). National health (Weighted average disclosed price - supplementary disclosure cycle A) Determination 2013 (No. PB 24 of 2013). National health (Listing of Pharmaceutical Benefits) Amendment Instrument 2013 (No. 5) (No. PB 21 of 2013). REPORTS Australia. Prime Minister 1 May 2013 - Locking in a fairer future for Australians with disability. Australia. Department of Health and Ageing 2 May 2013 - Increased support for young people living with cancer. 1 May 2013 - Productive ageing for older Australians. 28 April 2013 - Public servants to mark their contribution to Canberra. Australia. National Mental Health Commission 1 May 2013 - Scoping study. 26 April
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