Insights Insights
  1. Providing ECT to adults with impaired capacity outside of the Mental Health Act 2016

    2 July 2020 | Insurance & Health Law

    We were recently involved in a novel application seeking authorisation for the administration of Electroconvulsive Therapy (ECT) to an adult in an induced coma for the treatment of super-refractory status epilepticus. The matter was considered in closed...

  2. Urgent applications concerning life support, foetus viability and organ donation

    16 June 2020 | Insurance & Health Law

    The recent decision of Millard v ACT [2020] ACTSC concerned a costs application in urgent proceedings that had mostly resolved. It provides helpful commentary on issues between a spouse, a hospital and family members concerning life support and organ...

  3. Could I face a class action if I fail to diagnose a patient with COVID-19?

    8 June 2020 | Insurance & Health Law

    Yes! The risk of this presently seems small given the current low rate of community transmission in Australia. However, there only need to be 7+ persons affected in a class action. This is certainly possible if there is an outbreak, for instance, at a...

  4. An inference of negligence is not sufficient to extend a limitation period

    7 April 2020 | Insurance & Health Law

    The Supreme Court of Queensland considered whether an expert report containing, at best, an inference of negligence constitutes a ‘material fact of a decisive character’ to enable a limitation period to be extended. While not ultimately...

  5. Routine injection leads to nerve damage, with a nurse’s ‘invariable practice’ testimony unconvincing

    3 October 2019 | Insurance & Health Law

    A hospital operator was found vicariously liable for a negligently administered heparin injection into a patient’s left thigh by a nurse. In Issue Whether the nurse pinched the plaintiff’s skin before administering the injection, so to avoid...

  6. The Gillick competent child and Section 20 of the Transplantation and Anatomy Act 1979 (Qld)

    22 January 2019 | Insurance & Health Law

    The Queensland Supreme Court recently authorised a hospital to administer a blood transfusion to a Gillick competent 15 year old patient who is pregnant with twins. The Court did not resolve the question of whether s20 of the Transplantation and Anatomy...

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