2nd Edition – Health Insurance Quarterly Newsletter

29 September 2016

We are delighted to welcome you to the second edition of the HWL Ebsworth Health Insurance Quarterly Newsletter.

With insurance lawyers in each capital city, HWL Ebsworth has one of the largest insurance practices in Australia, dedicated to assisting clients in all aspects of insurance and reinsurance. Within the national practice group we have a team of partners and lawyers who specialise in health insurance and have market-leading expertise across all Australian jurisdictions.

As part of our focus on the health insurance industry, each quarter we will address a range of topics designed to provide industry stakeholders with an insight into legal and other industry developments across the nation.

In this edition we review the following topics:

Your ill and injured employees – your obligations and rights

The Full Bench of the Fair Work Commission considered in some detail the principles that should guide employers in navigating the decision to terminate ill or injured employees in the matter of Lion Dairy and Drinks Milk Limited v Norman. This article considers the key take away points for employers seeking to terminate long-term ill or injured employees.

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Testosterone prescribing lands doctor in hot water

General practitioner learns the hard way after failing to observe new limitations on therapeutic prescription of testosterone

In May 2016, the Health Practitioners Tribunal of Tasmania made a finding of professional misconduct by a GP who ranked the wishes of his challenging patients over following the recent recommendations of the Pharmaceutical Benefits Advisory Committee.

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When inaction becomes acceptance: Medical Panel determinations & multiple respondents

The outcome in Hart v Director of Housing & Hanover Welfare Services suggests there is a potentially serious pitfall for joint-respondents to a personal injury claim where one respondent does not refer a claimant for assessment by the medical panel. The ruling raises vexing issues surrounding liability and contribution for non-economic loss.

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Stefanyszyn v Brown; Brown v Newcastle Private Hospital Pty Limited t/as Newcastle Private Hospital [2016] NSWSC 826

The case of Stefanyszyn v Brown; Brown v Newcastle Private Hospital Pty Limited t/as Newcastle Private Hospital [2016] NSWSC 826, explores the stringent and independent nature of a Hospital’s non-delegable duty of care to a patient. The case also highlights that the scope of such a duty of care requires a Hospital to ensure that patients receive treatment that is required, and such services are provided in accordance with the Hospital’s policies and the appropriate standard of care.

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Parents finally “win” palliative care for child in Western Australia

In this article we explore the decision handled down by Justice O’Brien in Director Clinical Services, Child & Adolescent Health Services and Kiszko & Anor [2016] FCWA 75 in relation to determining the ‘best interests’ of a child’s care that appear to rely heavily on the opinions and actions of the parents.

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