Negligence and etc

Question 1

What are the elements of a negligence cliam

Answer 1

• Duty of Care
• Breach
• Causation
• Damages

Question 2

Discuss duty to inform

Answer 2

• Included in the duty of care:
  
  • Providing advice or information to enable consent by a patient for treatment.
  • For consent to be valid, the patient must have been informed in broad terms of the nature of the proposed treatment, including:
    
    • Diagnosis
    • Recommended treatment
    • Risks of the procedure (e.g., infection)
    • Whether it would be material to that patient:
      
      • A reasonable person in the patient’s position would attach significance to it.
      • The particular person would be likely to attach significance to it.

Question 3

Discuss how to avoid negligence

Answer 3

• How to Avoid:
  
  • Training
  • Consulting colleagues, experts
  • Common sense
  • Good documentation:
    
    • Contemporaneous
    • Clear as to history, examination, diagnosis, treatment (including consent)
  • Communication

Question 4

Discuss AHPRA process guifleines

Answer 4

• You will receive some form of notification, e.g., an AHPRA letter or a subpoena to attend.
• Notify your medical defense organization.
• Gather your notes and get ready to provide a detailed statement to the medical defense organization.
• Prepare, prepare, prepare for your response, whether it be:
  
  • A letter in response
  • An interview
  • Court attendance

Question 5

Discuss volunatary notification and process

Answer 5

• If you reasonably believe that another health professional’s conduct is of a lesser standard or their knowledge, skill, or judgment is below the expected standard.
• You may also make a notification if you believe that another health professional is not a suitable person to hold registration or that an impairment affects their professional practice.
• Protection is provided for those that report in good faith and will not be liable under any civil, criminal, or administrative process for providing the information.

Then What Happens?
- Notification gets sent to the National Board for consideration and can lead to:
- Immediate action
- Referring the matter to the responsible tribunal (ACAT)—must if professional misconduct
- Referring the matter to the health complaints entity (Human Rights Commission)
- Investigating the complaint
- Doing nothing, i.e., dismissal

Investigation
- Investigation will proceed to inquiry by way of:
- Investigator
- Panel
- Health and performance assessment
- Referral to a responsible tribunal (ACAT)

Question 6

What are the consequences of AHPRA referral?

Answer 6

• Dismissal of the notification
• Caution
• Undertakings
• Conditions:
  
  • Training
  • Supervision
  • Reporting
  • Treatment
• De-registration
• Suspension