A recent Court of Appeal decision in a defamation claim has considered the defence of absolute privilege under section 27(2)(d) and Schedule 1, clause 15 of the Defamation Act 2005 (NSW), and the good faith protections for complainants under the Health Care Complaints Act 1993 (NSW) and the former Medical Practice Act 1992 (NSW).
AAI Limited (t/as Vero Insurance) v GEO Group Australia Pty Limited  NSWCA 110
A recent Court of Appeal decision confirms the need for healthcare providers to understand their medical malpractice and civil liability policy terms and conditions. The primary decision was the subject of our article in the May 2017 edition of the Health Law Bulletin.
– Mace v Justice and Forensic Health Network; The GEO Group Australia Pty Ltd v AAI Limited t/as Vero Insurance  NSWSC 803
A recent case highlights the need for health care providers to understand their medical malpractice and civil liability policy terms and conditions.
– Maiocchi v Royal Australian and New Zealand College of Psychiatrists (No.4)  FCA 33
Dr Maiocchi was a trainee psychiatrist on rotation at the Northside Clinic in Greenwich, NSW in the early months of 2010. During her time there, she received an unsatisfactory mid-term evaluation, therefore a remediation plan was prepared and adopted in relation to her performance. Later, a decision was made to terminate her clinical privileges at the Northside Clinic. Dr Maiocchi alleged that these actions were taken unreasonably based upon her race or ethnic origin, and were unlawful under Section 9 of the Racial Discrimination Act 1975 (Cth) (the Act).
By Zara Officer, Special Counsel and Vahini Chetty, Associate
The making of appropriate contemporaneous notes in medical records is best practice for clinical care, but also to facilitate the defence of a claim should an adverse event occur.
Zara Officer, Special Counsel and Vahini Chetty, Associate - See more at: http://www.holmanwebb.com.au/publications/what-is-your-duty-of-care-with-clinical-trials-of-innovative-techniques-and-therapeutic-goods#sthash.nGUyAzYf.dpuf
Mrs Paul underwent a scan to determine whether she had a berry aneurysm in 2003, which her radiologist, Dr Cooke failed to diagnose at the time. In 2006, Mrs Paul underwent a further scan in which the aneurysm was detected.