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Medical Law in Brisbane, Queensland, Australia | Malpractice lawyer



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Medical Law

Locality: Brisbane, Queensland, Australia

Phone: +61 7 3231 0604



Address: 23/345 Queen Street 4000 Brisbane, QLD, Australia

Website: http://www.medical-law.com.au

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19.01.2022 Rule 3 of our Ryan's Rule series is here. If after completing Step 2 you are still not happy with the level of care provided, contact 13 HEALTH and request a 'Ryan's Rule Clinical Review'.



19.01.2022 Plastic and cosmetic surgery - is there a difference? Read on to find out: https://bit.ly/3xtS66R

14.01.2022 The Australian Commission on Safety and Quality in Health Care has recently published new guidelines for healthcare professionals on obtaining valid informed consent. To summarise, your health care professional should always: 1. Check if an interpreter is needed;... 2. Tailor their information to ensure it is understandable and sufficient; 3. Allow sufficient time for you to consider the information and give you an opportunity to ask questions; and 4. Provide a written consent form for all health care interventions (other than the most minor of interventions). See the Australian Commission on Safety and Quality in Health Care fact sheet for more information: https://www.safetyandquality.gov.au//informed-consent-fact.

13.01.2022 The High Court finds Queensland Ambulance Service was not negligent when failing to administer adrenaline at the outset to a chronic asthmatic who subsequently died. Read the article below: https://billmaddens.wordpress.com//hca-paramedic-treatmen/



10.01.2022 Step 2 of the Ryan's Rule escalation process: If you are not satisfied with the response from your nurse or doctor after implementing Rule 1, talk to the nurse in charge of your shift.

06.01.2022 Are you wanting to be heard? The Office of the Health Ombudsmen is listening Find out how to get your complaint heard here https://bit.ly/2Pa7AM6

05.01.2022 The decision of Old v Miniter [2020] NSWDC 401 involved a claim by the Plaintiff following the removal of redundant ankle fixation hardware, intraoperatively or at a later time following treatment for osteomyelitis. The plaintiff went on to develop a further osteomyelitis infection 7 years later. The Court made findings that the Defendant had breached his duty of care owed to the Plaintiff for a number of reasons. However, the case fell when the Plaintiff failed to establish ...factual causation. As such, the Plaintiff had not demonstrated that there was a causal connection between that subsequent osteomyelitis and the earlier breach of duty of care owed. Factual causation was discussed at length from [494] - [496]: "On the evidence adduced, it is difficult to see how one could determine, by reasoned analysis that on the balance of probabilities, the plaintiff’s osteomyelitis in 2017 would have been an unlikely occurrence had Dr Miniter removed the redundant hardware in the plaintiff’s right ankle within a reasonable timeframe after 4 August 2010. Whilst there is no doubt that the infectious diseases experts did their best to analyse the timing of the appearances of different infective organisms grown from swab cultures taken at different times, the factual uncertainties as to sampling methods, as identified in the evidence, means that the plaintiff’s causation arguments are necessarily based on a great deal of speculation that is impermissible in a legal analysis for affirmatively finding that causation has been established. For the above reasons, on balancing the factors identified, I find that the plaintiff’s arguments in favour of the retained elements of hardware forming a possible nidus of infection does not compel a positive finding to that effect on the balance of probabilities to the rational exclusion of other competing possible causes for the infection. Factual causation therefore remains unproven." Read the full decision below.



03.01.2022 1 in 3 Australian women identify their birth as traumatic and research suggests that 10-20% of first-time mothers may suffer major irreversible physical birth trauma. On Friday, September 11, a team of our lawyers will be joining the ABTA’s Walk n Talk event, highlighting the importance of #startingtheconversation, so no woman or family suffers in silence. Donations almost entirely fund the Australasian Birth Trauma Association ('ABTA'), and we hope to raise vital funds and a...wareness for them. In addition to the Friday automated donations going towards this cause, we also encourage you to donate to the firm’s team on the link below, or by simply sharing the message. https://fundraise.birthtrauma.org.au//TeamMcInne/walkntalk

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