Misconduct case promotes awareness of medical negligence claims

Date: Feb 29, 2016

For many professions throughout Australia, trust is one of the most important features professionals can convey to their customers, clients or patients. In some cases, trust is an essential part of the relationship, and failure to respect the need for it can greatly compromise a person’s health and safety.

The doctor-patient relationship is massively dependent on trust. Not only are some of the issues that people discuss with medical professionals extremely sensitive, any mistakes can have drastic impacts on someone’s health and future well-being.

In these cases, it’s important to pursue medical negligence claims when a practitioner has failed to do their job correctly.

Malpractice in NSW offers a warning for patients

A case that came before the Supreme Court of NSW in the past month illustrates the type of behaviour or actions that could be the basis for a medical negligence claim. In this particular example, the case was brought about by complaints made through the Health Care Complaints Commission.

One of the key issues that arose in the case was that the defendant was found to have missed regular drug checks on more than one occasion. A concerted effort to avoid these test can be considered professional misconduct.

Medical professionals need to be operating at their full mental faculty when on the clock. According to the NSW Government, “adverse outcomes” are injuries that occur to a patient during a procedure. If these are found to be the result of negligence, the practitioner in question is liable for any ongoing damages.

While the defendant in this case hadn’t yet caused significant harm to any patients, their recent behaviour indicated that continued service would likely result in these outcomes. The courts noted that the practitioner had a significant impairment in the form of substance abuse and dependency.

In this case, the courts determined that this reliance on alcohol and inability to be reliably sober meant he couldn’t be trusted to deliver safe services to his patients.

To ensure the defendant is capable of eventually returning to his role, he has a strict list of health and professional guidelines he must meet.

If you think you have a medical negligence case that needs discussing, contact the lawyers at Gerard Malouf and Partners.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.