Stephen Warne on professional negligence, regulation and discipline around the world

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Entries Tagged as 'doctors'

Legal Services Commissioner seeks to overturn privilege against penalties

April 7th, 2015 · 1 Comment

There is an old and well established privilege, the privilege against penalties, which is a relative of the privilege against self-incrimination.  It entitles solicitors facing disciplinary prosecution to stay silent throughout the proceedings until the end of the Commissioner’s case unless the Tribunal makes an order requiring provision of written grounds and an outline of […]

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Tags: Discipline · doctors · duty to court · Evidence · Legal Profession Act · Legal Services Commissioner · litigation ethics · natural justice · Penalties privilege · procedure · prosecutors' duties

WA disciplinary tribunal says it’s misconduct for a doctor passing a crash not to stop and offer assistance

February 3rd, 2014 · No Comments

Update: This decision was reversed on appeal: Dekker v Medical Board of Australia [2014] WASCA 216.  The Court of Appeal did not find that there was no duty to assist.  Rather, they found that there was insufficient evidence before the disciplinary tribunal for it to find the existence and acceptance in the profession of such a […]

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Tags: doctors · Duties to third parties · mental illness · Misconduct

A reprimand is not just a slap over the wrist; the value of precedents in disciplinary sentencing

December 19th, 2013 · No Comments

In Peeke v Medical Board of Victoria [1994] VicSC 7 at p. 6, Marks J commented in a judgment substituting a reprimand for the inferior tribunal’s 6 month suspension that a reprimand should not be regarded as a trivial penalty: ‘I have mentioned that the Board referred to a reprimand as trivialising a serious lapse […]

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Tags: costs · Discipline · doctors · Misconduct · procedure · prosecutors' duties

NSWCA on professional discipline

October 6th, 2010 · No Comments

A GP was struck off after a hearing lasting 40 days. He was found to suffer a delusional disorder. The New South Wales Court of Appeal recently delivered a long judgment in an appeal from that decision, as reported on ABC: Lindsay v Health Care Complaints Commission [2010] NSWCA 194.  The quote the doctor got […]

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Tags: amendment · doctors · procedure

Z v Dental Complaints Assessment Committee

September 14th, 2010 · No Comments

Z v Dental Complaints Assessment Committee [2008] NZSC 55 is an important case which considers in depth just how quasi-criminal professional discipline proceedings should be.  It is a decision of New Zealand’s Supreme Court, their equivalent of our High Court, now 6 years old.  It considers the disciplinary prosecution of a dentist, acquitted of sexually […]

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Tags: Briginshaw · Criminal liability · Discipline · doctors · Evidence

Can’t keep up

August 7th, 2010 · No Comments

Many new decisions of interest are coming out and I will not have time to blog them any time soon as I have to go to University and concentrate on my latest and hopefully last field of study, Shareholders Rights and Remedies.  Here are some pointers in case you want to read this slew of […]

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Tags: autrefois acquit · Criminal liability · Discipline · doctors · Negligence · Out of court settlements · procedure · prosecutorial failures

Prosecutors’ duties in professional discipline cases

July 20th, 2010 · No Comments

There is an interesting article by Ian Wheatley at (2008) 16 Journal of Law and Medicine 193.  Titled ‘The Criminalisation of Professional Misconduct Under the Health Professions Registration Act 2005 (Vic): How is a Fine of $50,000 Not Punitive?’. It compares the rights of alleged criminals and the maximum sentences in criminal law, with the […]

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Tags: Discipline · doctors · duties regarding witnesses · duty to court · Ethics · Evidence · litigation ethics · procedure · Professional regulation · prosecutors' duties

Shrink chucks a Hercules re fellow shrink’s Medical Board complaint

June 25th, 2010 · No Comments

Readers, to ‘chuck a Hercules’ is to follow in the footsteps of Keith Hercules, solicitor, of Melbourne whose suit for defamation against the complainant in respect of the complainant’s publication of a disciplinary complaint to the Law Institute is the subject of Hercules v Phease [1994] 2 VR 411, which I noted here.  (Compare Lincoln […]

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Tags: Discipline · doctors · Professional regulation

Poorer students more likely to end up committing professional misconduct

May 19th, 2010 · 3 Comments

A study in the British Medical Journal has suggested that students from poorer families and students with poor marks are more likely to engage in serious professional misconduct than other students.  It should really suggest that such students are more likely to get caught engaging in serious professional misconduct, but it’s interesting nevertheless.  The sample […]

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Tags: Discipline · doctors · Misconduct

Whether Briginshaw applies depends on the nature of the allegations, not the nature of the proceedings

February 11th, 2010 · No Comments

In Polglaze v The Veterinary Practitioners Board of NSW [2010] NSWCA 4, the NSW Court of Appeal did not seem to be impressed about an appeal reaching them in relation to a finding of unsatisfactory professional  conduct in failing to warn the owner of a dog-patient that a second sedating injection was going to cost […]

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Tags: Discipline · doctors · Unsatisfactory conduct