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

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Entries Tagged as 'doctors'

Doctor's opinion not given in trade or commerce so VCAT had no jurisdiction

June 27th, 2007 · No Comments

In a landmark decision with profound implications for VCAT's Fair Trading Act, 1958 jurisdiction over lawyer-client disputes about professional negligence and fees, a Deputy President of VCAT has recognised that it did not have jurisdiction to hear a former client's misleading and deceptive conduct claim brought against 'a professional' in the traditional sense of [...]

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Tags: Fair Trading Act · Negligence · VCAT · defences · doctors · jurisdiction · procedure

Doctor blogs medical negligence case against him

May 11th, 2007 · No Comments

11 June 2007 Update: the blog was his undoing. Under the moniker "Flea", an American doctor is blogging the medical negligence case against him. He explains the results of his google searches on the plaintiff's angular-faced and humourless attorney, and this:
'Flea spent most of the day in his attorney's office. A well-known jury preparation expert [...]

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Tags: Negligence · doctors

Affair over 6 years and a $100,000 payment earn psychiatrist an 18 month holiday

April 16th, 2007 · No Comments

H v Medical Practitioners Board of Victoria [2007] VCAT 526 was a rehearing of a case before the Medical Practitioners Board (the decision of which is here). VCAT, constituted by Vice President Harbison and Associate Professor Davis, reduced the severity of the outcome of an unprofessional conduct prosecution for an intimate relationship with a former [...]

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Tags: Discipline · Striking off · conflicts · doctors · duties of confidentiality · duty and interest

"Holy mackerel, you're small, which is good for …" earns repeat offender GP re-education

December 21st, 2006 · No Comments

Re: Richard George Y [2007] MPBV is a decision of the Medical Board of Victoria about a GP and former model, a one-time member of Cleo's 50 most eligible bachelors who came to grief a second time for inappropriate comments while his hands were in his patient's genital area. "Holy Mackerel, you're small, which is [...]

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Tags: Discipline · doctors

The South Australian take on the purpose of disciplinary proceedings

October 17th, 2006 · No Comments

Here is what the then Chief Justice of South Australia, Doyle CJ, had to say in Craig v Medical Board of South Australia (2001) 79 SASR 545 at [41] to [48] about the purpose of disciplinary proceedings, referred to with approval by the Full Court of the Supreme Court of South Australia in Papps v [...]

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Tags: Discipline · doctors

Differences between appeals proper, rehearings and rehearings de novo explained

October 17th, 2006 · 1 Comment

The following handy passage is from the case referred to in the previous post, Papps v Medical Board of South Australia [2006] SASC 234, per Gray J:

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Tags: Discipline · appeals · doctors

Breach of undertakings leads to 12 month suspension for doctor

October 17th, 2006 · No Comments

This is another salutary lesson against professionals representing themselves. An argument that the disciplinary tribunal had not accorded procedural fairness by failing to warn in advance of the possibility of a suspension was given short shrift.
And the courts' reticence to disturb the findings of specialist professional tribunals, even when exercising appellate jurisdiction under a statute [...]

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Tags: Discipline · appeals · doctors

A sad story of a failure to qualify as a doctor after 20 years' effort

October 16th, 2006 · No Comments

Tsigounis v Medical Board of Qld [2006] QCA 295 is a warning of the dangers of self-representation by professionals. A medical student at Monash University took more than 11 years to complete her medical degree 20 years ago. She could not find work in Victoria, and travelled to Townsville to do her internship following a [...]

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Tags: Admission · doctors · natural justice