Medico-legal
Improving quality, safety and professionalism in practice. Everything you need to help you with clinical and legal challenges.
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Clinical images – a snapshot of the issues
Clinical images used in clinical care form part of the patient’s medical record and must be handled in the same way as any other medical records. Images taken for non-clinical purposes need the patients consent for the specific intended use.
Leading the call for meaningful transparency
With the Federal Government reviewing the Medical Costs Finder, Avant is advocating for changes to deliver meaningful transparency and avoid unintended consequences for doctors and patients.
Patient follow-up and recalls
Doctors are often unsure how far they need to go in following up patients for return appointments, review of test results and specialist referrals.
Court finds hospital liable after patient pressured to consent to unwanted vaginal examination
A hospital was found liable in assault and negligence after a midwife repeatedly asked a patient to undergo a vaginal examination as a condition to admission, pain relief and access to continuity-of-care when she had clearly declined and where there was no urgent clinical indication.
Beyond the expiry date: when medical records become a privacy risk
Holding onto medical records longer than necessary may feel like a safeguard, but it can increase your privacy and medico-legal risk. This article explores your obligations around record retention across Australia, the hidden risks of over-retention, and the practical steps you can take to securely manage, review and dispose of patient information while maintaining compliance and patient trust.
Surgeon’s failure to disclose their inexperience with a high-risk procedure is a breach of duty of care
When a patient suffered catastrophic brain injuries, the court concluded it would have been entirely irrational for them to consent to high-risk surgery performed by a surgeon with no experience in that procedure over conservative management. The only plausible conclusion was that they were not properly advised of the relative risks and denied the opportunity to make an informed decision.
O&G’s ‘needless and senseless unprofessionalism’ brought profession into disrepute
An O&G’s misguided over-familiarity after gynaecological surgery and inadequate consent discussion left a patient believing she was harmed by unnecessary surgery performed without her consent for cosmetic reasons, and purely for her husband’s benefit.
Providing medical care to yourself, family, friends and those you work with
You should avoid providing care to yourself, family members friends or staff whenever possible. This factsheet offers advice for managing these requests and highlights the issues.