GPs are our primary caregivers; they are the main interface and the gatekeeper to specialist services.
When GPs make errors, they usually relate to issues with diagnosis, investigations and interpretation of results, and boundary breaches. Sometimes they can relate to delays in referring a patient for specialist advice and treatment or for important diagnostic tests.
We have also acted for clients whose GPs have prescribed medications without discussion of the associated risks; when those risks crystallise, clients face devastating outcomes.
A common theme in these claims is the breakdown of trust in the doctor-patient relationship and the feeling of being let down.
Sadly, we also deal with cases involving GPs who have failed to observe professional boundaries. It is necessary in these types of cases to consider referral to the Health Care Complaints Commission to ensure the future protection of the public.
Although the phrase commonly used in health law is “medical” negligence, negligence is not confined to medical practitioners.
Allied health is a relatively new term that generally includes all registered health practitioners other than doctors, nurses and dentists. Indeed, any health professional with a direct role in treating patients who does not act with reasonable skill and care, may be liable in negligence whether qualified as a physiotherapist, chiropractor, osteopath, radiographer, optometrist, podiatrist or psychologist.
Examples of negligent treatment by dentists and orthodontists include:
Dental health is critical to people’s psychological wellbeing not least because it affects our appearance and is fundamental to the way in which we interact with others. As such, negligence claims in this area are likely to involve claims for psychological as well as physical damage.
We acted on behalf of a client who was subjected to workplace bullying and unrealistic expectations resulting in a deterioration of her health and psychological / psychiatric injury. Our client has kindly allowed us to share her story. Pseudonyms have been used to maintain the confidence of all parties. Angelina began working as a spa manager in an exclusive Spa situated within a large hotel in NSW early in 2016. She was to report to the general manager. She was excited for the challenge after running her own beauty therapy business for a number of years. Unfortunately, the excitement did not…
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