We have successfully settled a claim for a large sum for our clients against a regional hospital and a general practitioner for negligent hospital care.
The personal injury claim and compensation to relatives claim were in relation the treatment of our clients’ indigenous brother who died of gangrene and undiagnosed peripheral vascular disease after surgery.
Events leading to the death of the deceased
A number of years before his death, our clients’ brother had surgery for rectal cancer. The cancer was cured but he was left with a permanent colostomy (stoma). Because he had a disability, he was unable to engage in personal stoma care and went to live in a low care retirement home.
While he lived at the home, he fractured his left kneecap. He had pain after his knee surgery which responded to treatment.
Several years later he underwent hernia surgery. Following this surgery, he needed two further operations to re-fashion the stoma. When he left hospital he went to live in a high care facility.
He remained unwell and returned to hospital with gastro-intestinal symptoms. He had a gastroscopy and remained in hospital for two weeks. While in hospital, he experienced pain in both legs, fever, and an increasing red/dark/purple area to the left big toe. He was discharged back to his aged care facility under the care of another GP. He continued to complain of pain in his legs and there were signs of decreased blood flow in his feet and fingertips.
Sadly, he died days later. His post-mortem said the cause of death was undiagnosed peripheral vascular disease and gangrene.
Our case for significant compensation
We sought opinions from experts. A general surgeon said that peripheral vascular disease was not, but should have been, considered and treated before gangrene set in ultimately leading to the man’s death.
Our clients witnessed their loved one in pain and helpless in the hospital. They felt that their concerns about his pain were ignored. They continued to feel uninformed and helpless once he was returned to the high-care facility. They suffered significant psychological harm due to the way he was treated and died.
Let us fight for you or your loved one
If you or a loved one has experienced injuries as a result of medical negligence, our caring, expert lawyers can help advocate for you and seek justice. Please contact us to talk about the options available to you.
Taking legal action can also help change health care practices and hold health care professionals to account for negligent hospital care so other people do not to have experience what you went through.
The post Death of a loved one because of negligent hospital care | Our Client’s Story appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Catherine Henry Lawyers’ health law team settled a claim with a hospital during mediation for a large sum on behalf of a client who experienced inappropriate treatment with Gentamicin.
What is Gentamicin?
Gentamicin is a powerful antibiotic for fighting infection that belongs to a class of drugs called aminoglycosides. Its devastating side effects are well known to medical professionals, which include being toxic to the ear and destructive to the kidneys. It is also well known that advanced age, dehydration, and renal impairment – all factors exhibited by our client – make the chances of adverse reaction more likely and the antibiotic unsuitable.
Our client should never have been given Gentamicin
Our 74 year-old client was admitted to a capital city hospital suffering tightness of the chest and shortness of breath. He had a detailed history of chronic renal impairment, clinical dehydration and reduced urine output.
He was treated for his dehydration and presumptively diagnosed with a urinary retract infection or possible sepsis (“urosepsis”). The treatment was a combination of Gentamicin, Metronidazole, and Ceftriaxone.
Over the next four days in hospital our client’s condition improved. The hospital continued to administer Gentamicin. He was to have been assessed on the third day but no staff from the hospital’s urology department reviewed him. He was discharged and told to continue taking oral antibiotics.
Gordon experienced symptoms of vertigo and loss of balance shortly after leaving hospital. Six weeks later he was examined by a neurologist who said his symptoms included vestibular toxicity resulting from excessive administration of Gentamicin.
Our client encountered memory and hearing loss, dizziness and vertigo. He relies on a walking frame and, on occasion, a wheelchair. His various ailments have caused the onset of depression and anxiety. He is frightened to go out on his own and particularly won’t cross a road. He is not able to go out at night as darkness causes him to want to fall over and he needs to be held up at all times. He has lost the enjoyment and independence of his former life.
Our case for compensation
We successfully argued that the hospital breached its duty of care by failing to consider the contraindicators that rendered Gentamicin inappropriate.
Our client, nor his partner, were given any information about Gentamicin before its administration in the Intensive Care Unit.
Despite his infection not being confirmed, and his set of circumstances which should have rendered the drug inappropriate, our client was treated with Gentamicin, even when there was no clinical indication to do so.
The drug was administered intravenously for preventative purposes to fight against possible infection. Urologists justify as a good defence for fighting infection but our client was not reviewed by anyone from the hospital’s urology department.
Staff should have used readily available alternatives to Gentamicin. Under standing order, TCHM09-007, staff are to administer Gentamicin subject a precaution. The precaution includes if the patient was elderly, had poor renal function or was suffering dehydration. Our 74 year old client had those conditions.
The doses of Gentamicin were excessive in the circumstances and have directly impaired our client’s quality of life.
Let us fight for you or your loved one
If you or a loved one have experienced the negative impacts of Gentamicin or poor medical treatment at the hands of a medical practitioner, please get in touch with one of our caring, expert, health lawyers about the options available to you.
Taking legal action can also help change health care practices and hold health care professionals to account so other people do not to have experience what you went through.
The post Settlement paid for inappropriate treatment with Gentamicin | Our Client’s Story appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Catherine Henry Lawyers’ health law team settled a claim for a large sum on behalf of a successful businessman and talented musician whose life has been forever altered by excessive doses of Gentamicin administered to him in hospital.
What is Gentamicin?
Gentamicin is a powerful antibiotic for fighting infection that belongs to a class of drugs called aminoglycosides. Its devastating side effects are well known to medical professionals, which include being toxic to the ear and destructive to the kidneys.
Our client got too little, then too much Gentamicin
Our client had an epididymitis infection. He was prescribed antibiotics by his GP but his condition got worse.
He went to a local regional hospital where he was given two doses of Gentamicin, but they were not appropriate (insufficient) for his weight. The treatment was ineffective.
Our client was sent to a metropolitan hospital in Brisbane. But there he was given excessive doses of Gentamicin. He developed symptoms indicative of ototoxicity – dizziness vertigo, feelings of intoxication and difficulties with balance.
Hospital staff failed to note the significant side effects our client was experiencing, as well as his change in his demeanour. They continued to treat him with a total of 2040mg of Gentamicin over a six-day period. This cumulatively poisoned our client. Typically, the recommended treatment dose for infections of the kind experienced by our client is between 3mg/kg/day to 5mg/kg/day.
As a result, our client developed ototoxicity and permanent bilateral vestibular dysfunction. He suffers from dizziness, impaired hearing and loss of balance.
Our case for compensation
We successfully argued that both hospitals breached their duty of care. The local hospital’s inadequate dosage had no impact on our client’s condition requiring him to get further treatment. The metropolitan hospital neglected to treat our client with reasonable care and skill and administered Gentamicin in excessive doses.
At no time during his admission to hospital was our client advised of the risks or side effects posed by the powerful antibiotic (the risk of ototoxicity) or alternative treatments.
Our claim was to compensate him for having to endure ongoing symptoms as well as the embarrassment and social isolation he experiences. He is unable to perform musically as he once did, and has difficulties running his business. Ultimately, he has lost his enjoyment for life.
Let us fight for you or your loved one
If you or a loved one has experienced complications from poor surgical care,
If you or a loved one have experienced the negative impacts of Gentamicin or poor medical treatment at the hands of a medical practitioner, please get in touch with one of our caring, expert, health lawyers about the options available to you.
Taking legal action can also help change health care practices and hold health care professionals to account so other people do not to have experience what you went through.
 
 
The post Hospitals forced to pay compensation over excessive doses of Gentamicin | Our Client’s Story appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

The importance of estate planning has been emphasised during the Coronavirus outbreak. The pandemic has highlighted that, now more than ever, it is crucial to ensure you have up to date estate planning documents in place.
Your estate planning documents should consist of a Will, Enduring Power of Attorney, and appointment of Enduring Guardian. All three of these documents are important for different reasons:

Your Will sets out your intentions regarding division of your assets upon death. If you do not have will in place at the time of your death, the process to administer your estate will be more involved than if you did have a Will in place. In addition, your assets will be distributed in accordance with the laws of intestacy, which are not necessarily your intentions.
Your Enduring Power of Attorney appoints someone to make financial decisions on your behalf, before or after you have lost the capacity to do so for yourself (as the case may be). If you do not have an Enduring Power of Attorney in place and financial decisions need to be made, and you do not have capacity to do so, the matter would need to be directed to NSW Civil and Administrative Tribunal (NCAT) for appointment of a Financial Manager – which may not necessarily be a personal connection of yours.
Your appointment of Enduring Guardian appoints someone to make health and welfare decisions on your behalf if you lose capacity. Again, if you do not have an appointment of Enduring Guardian in place, a guardian will need to be appointed by NCAT – which may not necessarily be a personal connection of yours.

You should also consider making a binding nomination on your super fund as to the beneficiary(ies) you want to benefit from your superannuation, and an Advanced Care Directive. You can read more about Advanced Care Directives on our website.
Not having these documents in place will result in increased stress for your loved ones in what will already be an anxious time for them.
Our office remains open during the Coronavirus outbreak and we are available to prepare new estate planning documents or update your existing documents to reflect any changes to your needs. We have your safety in mind and are currently taking initial instructions for your Will, Power of Attorney, and appointment of Enduring Guardian by teleconference or videoconferencing. We can take your instructions even if you are currently in mandatory isolation.
As your estate planning papers are important legal documents, in most cases a legal practitioner will be required to sign off on them with you, meaning one face to face appointment will be required. We are taking appropriate precautions to ensure that anyone who is ill or has recently returned from overseas does not attend our office in person and have many measures in place to ensure our office is sanitised and safe to attend.
Please contact us today to discuss your estate planning requirements.
 
The post Estate planning during the Coronavirus outbreak appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

We successfully settled a negligence claim for our client who suffered mental harm (also known as ‘nervous shock’) when her mother was murdered by a nursing assistant at a facility in the Hunter Region.
To everyone’s great shock and horror, a nursing home worker injected insulin into three aged care residents where there was no medical need for insulin to be administered. Test results showed large levels of insulin in the blood that was not naturally occurring. Tragically, two of the victims died. In 2016, the employee was convicted of two counts of murder and one count of administering poison with intent to murder. In 2018, he appealed his conviction, but the NSW Court of Appeal dismissed that Appeal. He remains imprisoned and will not be eligible for parole until at least 2044.
Nursing home failed in its duty of care
The nursing assistant was entirely unsuitable to work in the aged care environment. Documents filed in the Court described the employee as having a lack of empathy, being a compulsive liar and craving attention. There had been complaints about his attitude and repeated unreliability. The employee had once posted a comment on a Facebook site which read: ‘I hate old people’.
The facility had no reasonable process to check his suitability as an employee. He had a substandard employment history, having been terminated by, or forced out of, several facilities where he worked previously.
The required reference checks and enquiries about his previous employment were not made. Alarmingly, at some stage, he had been promoted to the position of ‘team leader’.
The facility was also negligent in failing to enforce that its policies and procedures with respect to the administration of injectable insulin were enforced. There was a clear failure to ensure accurate records of the administration of injectable insulin were created, which should have allowed proper stocktakes and monitoring. The facility also neglected to keep the insulin properly and securely stored, which gave the murdered easy access and opportunity.
Families left shattered
Our client’s mother was of advanced age and frail. She relied on staff for the provision of food, safe accommodation, care and management, including the appropriate administration of required medication.
The families of the two residents who were killed brought proceedings for nervous shock following the death of their loved ones.
The major basis for the case against the nursing home was that it was vicariously liable for the wrongful intentional acts of its employee. The nursing home had a non-delegable duty of care arising as a result of the nursing assistant’s position of authority, power, care, intimacy and supervision over the residents.
What more can be done?
Catherine Henry Lawyers made submissions to the Royal Commission into Aged Care Quality and Safety (the Commission) that a mandated skill mix is required to prevent elder abuse, including that a ‘staffing methodology’ should be adopted for all aged care facilities. A skill mix requirement of 30% Registered Nurses, 20% Enrolled Nurses and 50% Assistants in Nursing is the evidence-based minimum care requirement to ensure safe residential and restorative care.
Our submission to the Commission on workplace issues in the aged care sector asked the Australian Government to introduce mandatory regulations to ensure suitable recruitment practices and proper background checks are conducted for every new employee.
Common law negligence claims are a valuable tool in the struggle for justice, to protect some of Australia’s most vulnerable, frail and aged citizens.
Legal action undertaken by families has the potential to promote quality and safety by imposing sanctions where there are breaches of protocols, guidelines and accepted competent professional practices. Litigation can be utilised to achieve outcomes for families and to put facilities (and their insurers) on notice that substandard care and treatment will not be tolerated in Australia.
If your loved one has suffered personal injury, or has died, and you believe this should have been prevented, we can advise you on your legal options. Contact us on 02 4929 3995 or via our online enquiry form.
The post Mother murdered by a nursing assistant | Our Client’s Story appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

It’s a common misconception that an Advance Care Directive only applies to the old or dying. We like to think that we will all live a healthy long life, but in reality, no one knows what will happen in the future or can predict what might happen with our health.
Having a conversation with your loved ones about how you’d like to be taken care of if something happens to you, is not something that comes up easily. An Advance Care Directive helps you and your family navigate through the uncomfortable topic of the decisions that they will make on your behalf when you’re not able to. This could happen because of an accident or your health deteriorates, and this can occur at any age and at any stage of your life.
An Advance Care Directive gives you voice when you have lost the ability to communicate. It’s about having your wishes of the type of medical care that you want or don’t want clearly written. An Advance Care Directive also gives your family and friends guidance when they are faced with the decision about your care.
It answers questions such as:

Would you like to be resuscitated or would you let nature take its course?
Do you have any religious belief that you would like your doctor or family to respect when making health care decisions?
Who do you want to make the final decision if your family members can’t agree?

Our Senior Associate Solicitor, and expert in Wills and Estates, Monique Smiles, often sees young couples who have just started a family make a Will in order to protect their partner or children should something happens to one of them. “At Catherine Henry Lawyers, the making of an Advance Care Directive forms part of the discussion we have with our clients when we take their instructions for Wills or Enduring Powers of Attorney. You can make an Advance Care Directive any time after reaching 18 years of age. You do not need a lawyer to make an Advance Care Directive that is enforceable.” Monique says.
However, a lawyer can assist you in understanding how the Advance Care Directive connects with your Will and Estate Planning documents, and can store the document for you safely, alongside your Will and other important legal documents.
If you have made an Advance Care Directive in another state or territory in Australia prior to moving to NSW, the Advance Care Directive is recognised in NSW and remains enforceable.
At Catherine Henry Lawyers, our Wills and Estates team are happy to assist you with any questions you may have about making an Advance Care Directive. Contact us on 1800 874 949 or via our online enquiry form.
The post Why it’s important that every adult have an Advance Care Directive? appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Going through a family law matter is one of the most stressful times of your life. The outbreak of the coronavirus is an added stress on families, so it would be understandable if you were feeling a little anxious about how your family law matter will be dealt with during COVID-19. The good news is that not much has changed regarding the conduct of your matter.
If you have recently separated, we are available to take your enquiries and meet with you (via telephone or video conference, if you prefer to see our faces!). Most correspondence was already exchanged electronically so there is no change here.
If you are scheduled to attend a mediation or you need to book in a mediation for property or parenting arrangements, this will proceed as usual. Most mediators are currently conducting mediations by phone or video conferencing, rather than by face to face.
The Court is still operational, however for most cases you will not be required to physically attend the Court for your scheduled court event. We will communicate the arrangements specific for your case as they arise, however most court events are taking place by telephone link. This is not a new concept for the Court or solicitors, and can actually be an advantage to you as there is generally less waiting time than there can be when you are physically at the Court (meaning you pay less legal fees).
Depending on your situation, it may be more beneficial to you to reach an agreement for property settlement during times like this e.g. to take advantage of any decline in the property market if you are the person who is to receive the property. Parenting arrangements can become confusing in a time of crisis, so it is important that there is a clear agreement in place so that the children remain in a consistent routine as much as possible.
The Court has prepared a handy list of questions and answers on most common topics for family law matters which can be found on their website here. We encourage you to contact our office if you need family law advice during this time. We offer a low fixed cost for initial appointments and payment arrangements are available in certain circumstances.
The post How will your family law matter be dealt with during the COVID-19 crisis? appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Today is World Health Day (7 April 2020) – a World Health Organisation auspiced international day – to celebrate the work of nurses and midwives and remind world leaders of the critical role they play in keeping the world healthy.
Nurses and other health workers are at the forefront of the COVID-19 response. Without them there would be no response. Many around the world are risking their lives to care for people during this pandemic. I so feel for them right now.
Our inhouse nurse – Alex Wilson – works for our firm part-time and for the rest of the week at a private hospital. This is part of what she told us this week in an email update.
We are gearing up [at the hospital for whom she works] for an influx that we hope never materialises. We, who are not ICU-trained, are upgrading our education in caring for ventilated patients. We are practising donning and doffing of masks and shields and gowns and triple-layers of gloves so that we don’t become contaminated during aerosol-generating procedures. As an anaesthetic nurse I am practising, with a team of nurses and doctors, intubation of known COVID positive patients destined for a ventilator in ICU. Everyone in the hospital is anxious…. No one wants a patient to die while they are going through the time-consuming process of correctly donning their PPE. There is no emergency in a pandemic, unfortunately. That means if a patient declines rapidly, we can’t rush to support their breathing. No one enters the room until they are completely attired, and Plans A, B and C have been discussed.
Obviously in hospitals we will see the most extreme version of this virus, but unfortunately, we can’t fully predict who will experience the extreme version. I can tell you with certainty that it is not only the elderly becoming very unwell and sometimes dying. People keep calling healthcare workers “the frontline”, but I believe the community is the frontline; everyone has a role in containing the spread of COVID-19 before it gets to GP practices and hospitals. Everyone knows now what it takes to prevent the spread of this virus: distance and hygiene. So please stay home. I don’t ever want to watch someone struggle to breathe because they were feeling cooped-up at home and just popped around to a friend’s for a while. And I don’t want to take COVID home to my family because someone who thought they wouldn’t get that sick if they caught it, had a sneaky dinner party.
This email shows the work nurses and other health care workers are putting in and the anxiety they face going about their job. Alex also reminds us how vital it is for the rest of the community to stay home and follow hygienic practices. Whilst my team and I see the worst of the worst as medical lawyers, Australians need to remember – and be grateful for – the fact that we have an excellent health care system (by and large). A health system that is full of highly-skilled practitioners – one that really comes into its own in a crisis.
Our firm has four team members who still work as nurses, have worked as nurses or have studied nursing. We pay tribute to them and other nurses and midwives on World Health Day (and every other day).
        
Our trained nursing staff from left to right:
Alex Wilson – Registered Nurse and Clinical Consultant. Alex works part-time as a Perioperative Registered Nurse and has more than 25 years of experience in nursing.
Linda Crawford – Senior Solicitor, Health Law. Linda worked as a nurse and midwife in NSW and Queensland hospitals for almost 20 years before becoming a lawyer.
Lucie Dei Rocini – Lucie worked as a registered nurse for six years in NSW hospitals and within residential aged care before becoming a lawyer.
Jordan Young – Paralegal. Jordan studied nursing at UTS before switching to study law at UON.
In the important work we do in our health law and elder law practices, the skills and knowledge that our clinical team bring to their role is immeasurable.
Please join us on World Health Day in supporting the campaign to ensure that the nursing and midwifery workforces are strong enough to ensure that everyone, everywhere gets the healthcare they need.
The post Showing our appreciation of nurses and midwives – World Health Day appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

In 2017,  British television presenter and entertainer, Bruce Forsyth, passed away at the age of 89 years. According to media reports, he left an estate worth 17 million pounds to his third wife. He had 6 children, 9 grandchildren and 3 great grandchildren, but he reportedly left his entire estate to his third wife to avoid paying inheritance tax.
We don’t have inheritance tax in Australia, but this story begs an interesting question….would you leave your whole estate to one person and trust them to share the estate with the rest of your family?
As lawyers who practice in the area of contested estates, we’ve seen many examples of families falling apart over inheritance disputes, despite being close and getting along well for many years beforehand. There is always a risk in naming someone as a beneficiary and trusting that they’ll “do the right thing” and share the estate with others.
What if the trusted person fails to “do the right thing”?
Interestingly, there is a concept in wills and estates law known as “secret trusts” – where a person leaves their estate to someone in their will, having told the person they are to hold the estate for others. One option available to aggrieved relatives who may find themselves in this type of situation is to claim that a secret trust exists. Another option may be for the aggrieved relatives to make a “family provision claim” – but people can only make this type of claim if they fit within the definition of an “eligible person” and if they satisfy certain other criteria, such as having a financial need. (You can read more about family provision claims in our Information Sheet here).
So there may be legal avenues for the intended recipients, but if the named beneficiary decides to keep it all for themselves the onus will be on the intended recipients to take legal action and they need to be able to prove their case – for example in the case of a secret trust, it may be one person’s word against another – who will the Judge believe? There are always risks in legal action, and court cases can be long, drawn out and expensive.
Make your intentions clear
If you want to give your intended beneficiaries the best chance of receiving what you intend, you need to be clear in your will. There are many things to think about when making your Will. For example, are there sentimental items such as jewellery that you wish to leave to particular people? How can you make sure your assets are dealt with in a tax effective way? At what age do you want your beneficiaries to receive their inheritance? What if one or more of your intended beneficiaries predeceases you – where do you want their share to go? What if one of your beneficiaries isn’t capable of managing their inheritance themselves? There are just some things to consider and they are matters you should discuss with your estate planning lawyer when planning your will.
If you wish to discuss your will, or any other matters relating to your estate planning, please do not hesitate to contact our estate planning team on (02)4929 3995. Or for a quick and obligation free assessment of your situation click here.
The post Would you trust one person to share your estate? appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

We successfully settled a negligence claim for our client who suffered mental harm (also known as ‘nervous shock’) when her 80-year old father was murdered by a nursing assistant at a facility in the Hunter Region.
To everyone’s great shock and horror, a nursing home worker injected insulin into three aged care residents where there was no medical need for insulin to be administered. Test results showed large levels of insulin in the blood that was not naturally occurring. Tragically, two of the victims died. In 2016, the employee was convicted of two counts of murder and one count of administering poison with intent to murder. In 2018, he appealed his conviction, but the NSW Court of Appeal dismissed that Appeal. He remains imprisoned and will not be eligible for parole until at least 2044.
Families left shattered
Less than twenty months after first being admitted to the care home our client’s father was found unresponsive in a seriously hypoglycaemic state at the facility. He died 10 days later – a direct result of being injected with a large dose of insulin.
The families of the two residents who were killed brought proceedings for nervous shock following the death of their loved ones.
The major basis for the case against the nursing home was that it was vicariously liable for the wrongful intentional acts of its employee. The nursing home had a non-delegable duty of care arising as a result of the nursing assistant’s position of authority, power, care, intimacy and supervision over the residents.
Nursing home failed in its duty of care
The nursing assistant was entirely unsuitable to work in the aged care environment. Documents filed in the Court described the employee as having a lack of empathy, being a compulsive liar and craving attention. There had been complaints about his attitude and repeated unreliability. The employee had once posted a comment on a Facebook site which read: ‘I hate old people’.
The facility had no reasonable process to check his suitability as an employee. He had a substandard employment history, having been terminated by, or forced out of, several facilities where he worked previously.
The required reference checks and enquiries about his previous employment were not made. Alarmingly, at some stage, he had been promoted to the position of ‘team leader’.
The facility was also negligent in failing to enforce that its policies and procedures with respect to the administration of injectable insulin were enforced. There was a clear failure to ensure accurate records of the administration of injectable insulin were created, which should have allowed proper stocktakes and monitoring. The facility also neglected to keep the insulin properly and securely stored, which gave the murdered easy access and opportunity.
What more can be done?
Catherine Henry Lawyers made submissions to the Royal Commission into Aged Care Quality and Safety (the Commission) that a mandated skill mix is required to prevent elder abuse, including that a ‘staffing methodology’ should be adopted for all aged care facilities. A skill mix requirement of 30% Registered Nurses, 20% Enrolled Nurses and 50% Assistants in Nursing is the evidence-based minimum care requirement to ensure safe residential and restorative care.
Our submission to the Commission on workplace issues in the aged care sector asked the Australian Government to introduce mandatory regulations to ensure suitable recruitment practices and proper background checks are conducted for every new employee.
Common law negligence claims are a valuable tool in the struggle for justice, to protect some of Australia’s most vulnerable, frail and aged citizens.
Legal action undertaken by families has the potential to promote quality and safety by imposing sanctions where there are breaches of protocols, guidelines and accepted competent professional practices. Litigation can be utilised to achieve outcomes for families and to put facilities (and their insurers) on notice that substandard care and treatment will not be tolerated in Australia.
If your loved one has suffered personal injury, or has died, and you believe this should have been prevented, we can advise you on your legal options. Contact us on 02 4929 3995 or via our online enquiry form.
 
 
 
 
The post Father Murdered by a Nursing Assistant | Our Client’s Story appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

The Federal Government has responded to calls for more help for domestic violence victims during the coronavirus outbreak. It has been troubling to see many organisations report an increase in domestic violence since the start of the pandemic.
In a report from Women’s Safety NSW, more than 40% of the support groups surveyed had experienced a dramatic increase in client numbers since the outbreak of COVID-19. More than a third of those surveyed stated that the instances of violence were specifically related to coronavirus. It is unfortunate, but likely, that these statistics will continue to rise in the immediate future.
Many people are currently experiencing increased stressors. These may include:

financial pressures resulting from a loss of income
general increase in anxiety
adults being home together for much longer periods, placing a victim in a confined space with a perpetrator
children being home from school and the pressures associated with parents assisting them with their learning.

Whilst none of these stressors are an excuse for domestic violence, the reality is that they are contributing to the increased rate of domestic violence we are currently seeing.
Considering the coronavirus outbreak, and the increase in demand for services related to domestic violence, the Federal Government announced that an initial $150 million will be provided to support Australians experiencing domestic, family and sexual violence due to the fallout from coronavirus.
The funding will boost programs under the National Plan to reduce Violence against Women and their Children including:

Counselling support for families affected by, or at risk of experiencing, domestic and family violence including men’s behaviour change programs which will provide a short, medium- and longer-term response to support men.
1800RESPECT, the national domestic, family and sexual violence counselling service, which already answers around 160,000 calls a year.
Mensline Australia, the national counselling service for men that provides support for emotional health and relationship concerns for men affected by or considering using violence.
Trafficked People Program to support particularly vulnerable cohorts such as victims of human trafficking, forced marriage, slavery and slavery-like practices.
Support programs for women and children experiencing violence to protect themselves to stay in their homes, or a home of their choice, when it is safe to do so.

You should not feel like you must stay in an abusive environment because of the coronavirus outbreak, or any other reason. We are available to assist in this process, including making an urgent application to the Court where required, to help with spousal maintenance and/or interim property settlements or parenting arrangements. Contact us to find out more.
If you have separated and need help gaining tips to manage family conflict, particularly where children are involved, RelationSpace are offering their program free for the month of April. Further information on the program and how to sign up can be found on the RelationSpace website.
The post Help for domestic violence victims during coronavirus outbreak appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Summary of the Medical and Midwife Indemnity Legislation Amendment Bill 2019
From July 1, 2020 new medical indemnity reform legislation will come into effect in Australia which will provide greater certainty and protection for patients and health professionals.
The current Government subsidised medical indemnity scheme is administered via contracts with four insurance providers. The new law aims to create a level playing field for medical indemnity insurers. It essentially extends the scheme to more insurers who must provide universal cover to medical practitioners.
What is medical indemnity insurance?
Medical indemnity is like professional indemnity insurance for health practitioners. In Australia, all registered health professionals must be covered by indemnity insurance. Privately practising health practitioners must purchase their own indemnity insurance (but may be covered by an employers’ insurance policy). Medical services provided under the public health system are covered by State and Territory professional indemnity arrangements as part of their employment arrangements.
Medical indemnity insurers provide insurance to pay the cost of claims against medical practitioners for medical malpractice proceedings.
A summary of the new Australian Midwifery and Indemnity Law
The Medical and Midwife Indemnity Legislation Amendment Bill 2019 is designed to streamline the various medical indemnity support schemes for medical practitioners.
It requires all medical indemnity insurers to provide universal cover to medical practitioners. The Premium Support Scheme (PSS) will cease.
There will be a separate allied health practitioner (including pharmacists) high cost claims scheme and simpler eligibility and claim requirements for the Midwife Professional Indemnity Scheme (MPIS).
The new law amends three acts:

Medical Indemnity Act 2002
Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 (MI(PS&PS) Act)
Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.

It repeals (removes) two, now redundant, acts:

The Medical Indemnity (Competitive Advantage Payment) Act 2005
The Medical Indemnity (UMP Support Payment) Act 2002.

The history of indemnity cover for health professionals in Australia
As little as 25 years ago, unlike other professionals including lawyers and accountants, doctors and health professionals were not required to have professional indemnity insurance.
In 2002, Australia’s largest medical indemnity provider United Medical Protection went into liquidation leading to a spike in premiums. The Federal Government introduced a medical indemnity reform package to essentially subsidise medical indemnity. The package established support schemes to subsidise the medical indemnity market to stabilise the medical industry by providing government funding support for claims, costs and premium subsidies underpinning medical indemnity insurance.
The schemes were designed to support affordable health care and to ensure that patients who make legitimate claims against medical practitioners and midwives are able to be compensated for any loss they have suffered.
A First Principles Review of the Medical Indemnity Fund – undertaken in 2018 for the Department of Health – found that

at a high level, reforms implemented since 2002 (including the Commonwealth interventions) have improved the stability and profitability of the medical indemnity insurance industry and, in turn, improved the availability and affordability of insurance premiums
improved monitoring of the schemes will enable better assessment of the impact of any changes into the future
there is merit in continuing the schemes, which is strongly supported by stakeholders
the schemes largely remain fit for purpose but all bar one could be improved.

What does the Medical and Midwife Indemnity Legislation Amendment Bill 2019 mean for patients and the community?
It is important for patients and the broader community that all doctors and other health professionals have proper, comprehensive, indemnity insurance cover. This ensures that there are funds to be distributed as fair compensation to people who have proven that they have suffered as a result of malpractice (negligence) by the health professional.
Other key professional groups in Australia are required to have similar cover.
This legislation ensures there is universal cover – so all medical practitioners, midwives and allied professionals have access to cover.
It also clarifies loopholes in relation to the provision of cover for doctors who have retired.
The legislation also aims to ensure profitability and continuity of the medical insurance industry which is vital to prevent a similar collapse to the one that occurred in 2002.
What does the Medical and Midwife Indemnity Legislation Amendment Bill 2019 mean for doctors and other health professionals?

All medical indemnity insurers must to provide universal cover to medical practitioners. This guarantees that every medical practitioner in private practice can access indemnity insurance.
Currently medical practitioners can only access the Premium Subsidy Scheme (PSS) if their medical indemnity insurer has entered into a contract with the Commonwealth. The law will remove the existing contract requirements for the PSS so all eligible medical practitioners can access the PSS.
Exceptional cost claims can be made under a separate scheme for medical practitioners.
It maintains support for high cost claims and exceptional claims made against allied health professionals.
Medical indemnity schemes currently exclude privately employed practising midwives. The law gives them access to professional indemnity insurance.
Insurers can increase the current maximum risk surcharge to 200% of the premium, up from 100%. This risk surcharge is paid by doctors deemed to have deviated from good medical practice. It clarifies eligibility for the Run-off Cover Schemes (ROCS) and permits access for medical practitioners and eligible midwives retiring before the age of 65.

The Issue of Run-off Cover
Claims against health professionals are often made some time after the malpractice has occurred, in some cases after a practitioner has retired or stopped practising. The objective of the Run Off Cover Schemes (ROCS) is to ensure that once medical practitioners cease private practice (permanently or, in some limited cases, temporarily), there continues to be insurance to cover any claims relating to when they were practising privately (without the need for the medical practitioner to continue to hold medical indemnity insurance after they cease private practice). Under the ROCS the Australian Government is essentially acting as reinsurer for claims arising after medical practitioners cease private practice.
Currently, after three years of not engaging in private medical practice, the practitioner becomes eligible for ROCS and is no longer charged for run-off cover. The new law amends the ROCS eligibility requirements to provide that practitioners who have retired permanently from private medical practice (regardless of their age) are eligible for ROCS, without requiring them to wait three years.
More information
Our expert health law team can help you if you are a patient, or a patient’s family member, who is unhappy with the care you have received by a health professional and wish to make a claim against them.
Simply call us on 1800 874 949 or contact us online for a confidential discussion.
The post What the Reform of Medical and Midwife Indemnity Laws mean for Doctors and Patients appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

We successfully resolved a claim for negligence leading to stillbirth caused by a hospital’s failure to diagnose and treat her pre-eclampsia and HELLP (Haemolysis, Elevated Liver Enzymes and Low Platelet) which tragically resulted in the stillbirth of her daughter.
Our client endured a severely traumatic event – losing her baby and battling life-threatening illness.
Hospital failure to diagnose pre-eclampsia and HELLP
She and her husband were having their first child. The pregnancy was uneventful aside from some gallbladder pain.
Just past her due date, our client went to the regional hospital with epigastric pain and nausea. She was treated for gallbladder pain but, unlike the other times she had been treated, her pain worsened. Importantly, her blood pressure was very high.
Despite telling the doctor she did not think it was the same as the gallbladder pain because that had always resolved with the treatment, our client was discharged home.
We showed that the very high blood pressure plus the pain meant the hospital should have done blood tests to exclude pre-eclampsia (pregnancy induced hypertension, or PIH).
The following day her waters broke. Her blood pressure was still raised, and her blood tests revealed she had developed life-threatening HELLP from untreated pre-eclampsia.
Loss of her baby and weeks to recover from life threatening illness
Devastatingly, the ultrasound revealed her baby daughter had died. Our client delivered her stillborn daughter but her own condition continued to worsen, and she was airlifted to a larger hospital and admitted to intensive care for a couple of weeks. She needed kidney dialysis, treatment for toxic hepatitis and other follow up investigations as part of her recovery.
Let us fight for you or your loved one
If you or a loved one has experienced complications from poor obstetric or gynaecological care, please get in touch with one of our caring, expert, female lawyers about the options available to you.
Taking legal action can also help change health care practices and hold health care professionals to account so other people do not to have experience what you went through.
The post Claim settled for negligence leading to Stillbirth | Our Client’s Story appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

We have achieved a substantial settlement for our client who experienced continuous mismanagement and unnecessary surgeries by her gynaecologist, Dr Richard Reid, over 10 years.
Catherine Henry Lawyers’ highly experienced health law team obtained expert medical evidence to show our client was subjected to multiple unnecessary operations which led to serious complications.
Lasting pain and damage
Our client suffers almost constant pelvic pain and discomfort, which makes everyday tasks much more difficult. She experiences urinary retention and must self-catheterise. Her vaginal wall permanent damaged, which has resulted in ulcers, bleeding and haematoma.
A decade of mismanagement
Our client was referred to Dr Reid for surgery to treat a vulval lesion. During follow-up consultations, he diagnosed urinary incontinence and pelvic organ prolapse, despite our client having no symptoms.
Doctor Reid recommended major pelvic floor surgery without further diagnostic testing.
The surgery involved the insertion of mesh (Surgisis®), insertion of polypropylene tape, (Monarc®), and a “Z-plasty” repair of tight scar tissue at the vaginal opening. The tape was developed as an option to treat stress incontinence but we showed our client didn’t have stress incontinence at that time.
When our client was again referred to Dr Reid to investigate prolonged vaginal bleeding, he conducted an internal examination but didn’t do appropriate investigations to exclude a sinister cause for the bleeding.
He diagnosed a bladder prolapse on the anterior vaginal wall and again recommended surgical treatment including a hysterectomy. We showed that our client didn’t suffer from prolapse then.
During this third surgery, more mesh was inserted, even though inserting any foreign body such as mesh at the same time as performing a hysterectomy is known to be associated with a six-fold increase in infection and erosion rates.
After this surgery, our client began to experience new symptoms, including pelvic pain and tenderness, abnormal blood counts, and a pelvic abscess. Dr Reid failed to undertake a CT scan to diagnose, and subsequently drain, the abscess which we argued would have alleviated some of her symptoms.
A few years later Dr Reid performed more surgery to treat our client’s menopausal symptoms, including urinary frequency and weakened pelvic floor. Polypropylene tape was inserted, despite not being designed for this use. After this surgery, our client developed symptoms including fevers, vaginal bleeding, malaise and dyspareunia. She unsuccessfully saw Dr Reid to treat these symptoms until further testing revealed the remnants of the pelvic abscess and a suture remaining from previous surgery.
Rogue doctors – Dr Reid
Our client is not alone in receiving poor treatment from Dr Reid.
We help many clients who have fallen victim to what we call “rogue” doctors – doctors whose colleagues universally condemn their work and who are invariably precluded by the regulators from practising medicine.
Dr Reid has retired but was disqualified from seeking registration as a medical practitioner for five years in 2018. The Health Care Complaints Commission prosecuted a complaint against Dr Reid before the NSW Civil and Administrative Tribunal related to the treatment of 16 surgical patients at a Sydney private hospital. The primary focus of the complaints was Dr Reid’s recommendations and consent for surgery using the ‘Tissue Fixation System’ pelvic ligament mesh device (“TFS”).
Information sheet on Dr Reid.
Let us fight for you or your loved one
If you or a loved one has experienced complications from insertion of vaginal mesh or poor gynaecological care, please get in touch with one of our caring, expert, female lawyers about the options available to you.
Taking legal action can also help change health care practices and hold health care professionals to account so other people do not to have experience what you went through.
The post Settlement for mismanagement by gynaecologist Dr Richard Reid | Our Client’s Story appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

The program for the 8th Newcastle Writers Festival, to be held from April 3 to 5, 2020, is now available. Catherine Henry Lawyers supports the Newcastle Writers Festival each year and Principal, Catherine Henry, attended the Festival program launch with other sponsors on February 20.
This year’s festival features 160 writers. Six international guests are also appearing – five New Zealand writers, including acclaimed poet Hera Lindsay Bird, and US-based Australian geneticist David Sinclair, author of the bestseller, Lifespan: Why we age – and why we don’t have to. Other guests include Behrouz Boochani, Tim Costello, Sophie Cunningham, Tim Flannery, Helen Garner, Favel Parrett, Kate McClymont and Charlotte Wood.
The program explores lessons in leadership, climate change, trust, tribalism, women’s rage, resilience, and the role of artists in a crisis. There will also be poetry, a discussion about the power of the ocean on the creative process, a tribute to Les Murray, and performances from Archie Roach and Clare Bowditch.
You can download the program from the festival website and you can request a hard copy via the website. Copies can also be collected from Hunter region libraries and MacLean’s Booksellers, 69 Beaumont Street, Hamilton.
How to book tickets for the Newcastle Writers Festival?
Buy tickets online via Trybooking or over the counter at MacLean’s Booksellers, 69 Beaumont Street, Hamilton. You can also phone MacLean’s (02) 4969 2525. Tickets bought at MacLean’s attract an additional $1 fee. The advertised ticket price does not include the Trybooking service fee of 50 cents. Free sessions do not require bookings.
Volunteer for the Newcastle Writers Festival?
Are you interested in offering some of your time to help present a fantastic festival? We are seeking people to join our dedicated team of friendly volunteers. Each year, 160 volunteers support the program in a range of roles – from answering questions about the program to checking tickets. We couldn’t do it without you. Registrations close March 15.
About the Newcastle Writers Festival
The inaugural Newcastle Writers Festival was held in 2013. More than 70 writers participated in 38 sessions. In 2014, the festival was enhanced by the addition of a popular children’s program. More than 100 writers participated in the extended festival and more than 6500 people attended the event, from preschoolers to adults. The 2016, 2017, 2018 and 2019 festivals were bigger and better still.
Catherine Henry Lawyers’ community support
At Catherine Henry Lawyers we are about using the law to help people and community. We also support community groups and community initiatives where we operate. As well as the Newcastle Writers Festival, we support the Equal Futures Project International Women’s Day breakfast each year. This year we have become a Founding Ambassador for the newly renovated Victoria Theatre in Newcastle. The Vic is the oldest surviving heritage theatre building in NSW. Preserving heritage and encouraging the arts is essential for thriving communities.
Our lawyers are all active contributors to their local community and we also support and fundraise for a number of women’s health causes including Pink Meets Teal and the Cancer Council. Read more about our community support here.
The post Catherine Henry Lawyers supports Newcastle Writers Festival appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Your likelihood of having a preventable hospitalisation varies by where you live, and your circumstances, according to a new report from the Australian Institute of Health and Welfare (AIHW) released this month. The Report reinforces our view at Catherine Henry Lawyers – that poorer resourcing of health services in regional and rural Australia leads to poorer health outcomes for local people.
The report, Disparities in potentially preventable hospitalisations across Australia 2012–13 to 2017–18, shows that 748,000 (1 in 15 or 6.6%) hospital admissions were classified as potentially preventable in 2017–18. It also found:

about 1 in every 15 hospitalisations in Australia is classified as potentially preventable
overall and for men, chronic obstructive pulmonary disease is the most common reason for potentially preventable hospitalisations
for women, urinary tract infections are the leading cause of potentially preventable hospitalisations
in recent years, there has been an increase in potentially preventable hospitalisations, largely driven by influenza
older people, Indigenous Australians and people who live in remote or disadvantaged areas are more likely to be hospitalised for potentially preventable reasons.

Symptomatic of poorer health care in regional and rural Australia
The last point (above) reinforces our view – that poorer resourcing of health services in regional and rural Australia leads to poorer health outcomes for local people. Our view is based on data from this and other reports as well as the experience of the many people we help to seek justice and compensation for medical negligence or medical malpractice. Outside of major cities, Australians not only experience poorer access to health care – this report shows their hospitalisation is more likely to have been preventable.
What are potentially preventable hospitalisations and why are they useful to measure?
Potentially preventable hospitalisations (PPH) are admissions to hospital that could potentially have been avoided through preventive care (such as vaccination), or appropriate disease management (such as treatment of infections or management of chronic conditions) in the community. They are a proxy measure of primary care effectiveness.
PPH are a useful tool for identifying and investigating variations in health outcomes between different populations and understanding health inequalities.
The AIHW points out that a higher rate of PPH doesn’t always indicate a less effective health system. Classifying a hospitalisation as “potentially preventable” does not mean that the hospitalisation itself was unnecessary, however, it indicates that management at an earlier stage may have prevented the patient’s condition worsening to the point of hospitalisation. Some PPH may not be avoidable, such as those for chronically ill or elderly patients who have received optimum primary care, or procedures such as tonsillectomies that are an appropriate follow-up to primary care.
PPH rates in regional NSW
Nationally, the rate of potentially preventable hospitalisations in 2017–18 was around 2,800 per 100,000 people. Rates were highest in the Northern Territory and lowest in the Australian Capital Territory.
Data is available for three areas of regional NSW (matched to a Primary Health Network area) – Hunter, New England and Central Coast; Western NSW and North Coast NSW.

2017-18
Hunter, New England, Central Coast
Western NSW
North Coast NSW

Total PPH
40,334
10,499
19,282

Rate per 100,000 persons
2,631
2,969
2,847

Avg length of hospital stay (days)
4.6
4.4
4.2

Total bed days
186,289
45,740
80,129

% that were same day admissions
26
23.4
29.7

For Hunter, New England and Central Coast in 2017–18, there were 40,334 PPH for total potentially preventable conditions (a rate of 2,631 PPH per 100,000 persons). There was an average length of stay of 4.6 days (with 186,289 bed days total) and 26.0% were same day admissions.
For Western NSW in 2017–18, there were 10,499 PPH for total potentially preventable conditions (a rate of 2,969 PPH per 100,000 persons). There was an average length of stay of 4.4 days (with 45,740 bed days total) and 23.4% were same day admissions.
For North Coast NSW in 2017–18, there were 19,282 PPH for total potentially preventable conditions (a rate of 2,847 PPH per 100,000 persons). There was an average length of stay of 4.2 days (with 80,129 bed days total) and 29.7% were same day admissions.
Common causes of PPH?
The most common cause (10%) of potentially preventable hospitalisations was chronic obstructive pulmonary disease (COPD). Vaccine-preventable pneumonia and influenza, and congestive cardiac failure accounted for the most days of hospital care.
People aged 65 years and over accounted for almost half (46%) of all PPH, and children (aged 0–14) made up 13% (1 in 8).
Aboriginal and/or Torres Strait Islander people experienced PPH at a rate 3 times as high as other Australians. There were about 45,000 PPH for Indigenous Australians in 2017–18, up 25% on 2012–13.
Unsurprising to people living in regional and remote NSW, and regional and remote areas in other states, the Report shows that PPH rates often rise with increasing remoteness and socioeconomic disadvantage. The gap between people living in very remote areas and major cities widened between 2012–13 and 2017–18.
How might hospitalisations be prevented?
The AIHW Report says that primary health care interventions that can help people avoid hospitalisation for some conditions include:

reducing and managing risk factors for disease
vaccination
oral health checks
sexual health checks
antenatal care
diagnosis and prescribing to manage infections
lifestyle interventions to reduce the development of chronic conditions
management of chronic conditions to slow progression and risk of complications, including support for self-management.

This care is usually delivered by general practitioners, medical specialists, dentists, nurses and allied health professionals and may be accessed through a variety of community settings, including Aboriginal and Community Controlled Health Services.
What factors affect PPH other than primary care?
It is important not to assume that higher rates of PPH always indicate a less effective primary care system. There are other reasons why an area or group of people may have higher rates of PPH – including higher rates of disease, lifestyle factors and other risks, as well as a genuine need for hospital services.
Changes in hospital coding standards, admission policies and clinical practices can artificially affect PPH rates – conditions known to be impacted include hepatitis B, iron deficiency anaemia, angina and some conditions requiring rehabilitation care.
Where to next?
It would be good if, as the AIHW calls for, linked data sets were used for a better understanding of the complex relationships between potentially preventable hospitalisations and disease prevalence, use of primary health care, use of medicines and health outcomes.
In terms of addressing the broader issue of people living in regional and remote Australia experiencing poorer health outcomes that those living in metropolitan areas – the Government needs to increase funding and attention to the issues of rural health service provision and rural health workforce issues. In 2017 a National Rural Health Commissioner was appointed. I welcomed the Commissioner’s appointment but predicted progress on rural health reform would be slow. Progress will continue to be slow. Meanwhile, we still have agencies such as the National Health Performance Authority refusing to release national data on death rates and adverse events in hospitals. In countries such as the United States and England, this information is available to the public – by postcode – at the touch of a button.
If you’ve had a negative health care experience that has left you with an ongoing injury, contact us to speak to a solicitor and find out whether you might be entitled to make a claim.
The post Did you know that where you live can affect your chance of a preventable hospitalisation? appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

There are a whole host of reasons why a parent may be considering relocating with children post-separation: to be closer to family and friends, for a new job or partner, or maybe just for a fresh start. However, as all parents know, once we have children we’re no longer as free as a bird and setting up a new life is not as straightforward as it may have been pre-kids.
Permission from the other parent
You must generally gain permission from the other parent to relocate the residence of a child. But what constitutes relocation? How far is too far? Would moving 1-2 hours away require permission? Unfortunately there are no set guidelines on this and each case needs to be looked at individually. However, a move interstate or internationally will certainly be classed as a relocation. If you do relocate the residence of a child without permission from the other parent, and they then file an urgent application with the court, it is possible that the court will make an order for the return of the child to the original location. The crux of the matter is how the proposed move will affect the children. Will the move affect the other parent’s ability to have a meaningful relationship with the child? If the child has to change schools are they at an age where this would be to the detriment of their studies? Depending on the age of the child and their level of maturity, what are their views on the move?
Can this work?
Many parents are able to work out a solution to this type of parenting issue by sitting down and sensibly discussing the issues and possible solutions, and mediation can act as a great tool here. It will always be in the best interests of the child if both parents are able to work together to avoid ongoing conflict, and court should be the last option to consider.
Seeking court orders
In the event that you are unable to reach an agreement regarding relocation, an application can be made under the Family Law Act to ask the court to make the ultimate decision. It is important to note that the court cannot make orders restricting the movement of a parent. The court does have jurisdiction however to make orders about where a child can live. In making a decision, the court’s paramount consideration is whether the relocation would be in the best interests of the child. The matters the court will consider in making its judgment are found under section 60CC of the Family Court Act and include:

The likely effect on the child on any changes to their circumstances.
The likely effect on the child of any separation from the other parent and other significant people in their life such as grandparents.
The practical difficulty and expense of a child spending time with and communicating with the parent following relocation and whether this would affect the child‘s right to have a relationship and regular contact with the other parent.

If you are the parent who is not relocating and are concerned that the move will take place without your consent, or the move involves international relocation, you should contact a family lawyer urgently to make an application with the court. Failure to act quickly when a parent relocates the residence of a child can seriously affect your case.
Relocation is a complex family law area. If you are stuck in a moving quandary contact one of our expert family lawyers today – gain clarity on your options and receive legal advice specific to your individual case.
Every case is different and will be decided on the basis of its individual facts.
If you are considering relocating with children post-separation, or seeking other expert family law advice contact us today.
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In NSW, abortion is legal – however this wasn’t always the case.
Whilst abortion is a widely practiced medical procedure in NSW and the rest of Australia, until recently it was the only medical procedure criminalised in NSW – even though most abortions were funded by Medicare, performed by doctors in freestanding clinics, and regulated in the same way as any other medical procedure.
In 2019 and after fierce political debate in the NSW Parliament, legislation was passed decriminalising abortion. The law in respect of abortion in NSW is now governed by the Abortion Law Reform Act 2019. The Abortion Law Reform Act 2019 makes it clear that abortion – or ‘termination of pregnancy’ – is regarded as a health issue rather than a crime .
Read more about the legislation here.
Options for abortion
There are two options available for abortion:

medical abortion (‘abortion pill’)
surgical abortion

What is a medical abortion?
Medical abortion is available up to nine weeks from the start day of a woman’s last period. A medical abortion involves taking one tablet during the medical appointment followed by further tablets to be taken 24-48 hours later at home.
What is a surgical abortion?
The more common type of abortion is a surgical abortion. Most surgical abortions are carried out from seven to fourteen weeks from the beginning of a woman’s last period. A surgical abortion is generally carried out in a freestanding clinic by either a GP working in reproductive health or a gynaecologist. Before the abortion, you will need to have an ultrasound and blood test. Usually, surgical abortions are done under sedation, or light anaesthetic. To have a surgical abortion you will need to be at the clinic for approximately four hours.
A pregnant woman may elect either procedure within the allowable time frames after consulting with a doctor.
After 20 weeks
Two specialist medical practitioners must be consulted for abortions after 20 weeks gestation, and the procedure must then be performed in a hospital or approved health facility. There are specific conditions regarding abortion of pregnancy after 22 weeks and a doctor will be able to provide the appropriate advice in such circumstances.
Where can you access the procedure?
Abortions must be performed by a registered doctor – this includes GPs who have relevant training and qualifications in reproductive health.
You do not require a referral from a doctor to go to an authorised abortion clinic – you can access abortion facilities directly for an appointment. See Family Planning NSW for more information here.
If you are under 16
Your doctor will be able to assist and help you understand the process to ensure you are able to make an independent and informed decision. If you are a young person, it is always advisable to have a support person attend at the doctor with you. See Youth Law Australia here.
Rights and privacy
The decision to have an abortion is yours. All medical professionals have a responsibility to protect your privacy – unless they think you are a major risk of harm to yourself or others.
According to Family Planning NSW, most abortions in NSW are performed under 12 weeks of pregnancy and services for abortion are generally available up to 20 weeks of pregnancy.
Potential threat to a woman’s right to an abortion
As at the date of this publication, there is a Bill before Federal Parliament – the Religious Discrimination Bill  – which if passed will mean that women could well find it more difficult to access abortion services.
That’s because health practitioners with an objection to performing the procedure on religious grounds may have stronger legal protection and may not be compelled to refer women to an alternative provider who does not have such objection.
Having to delay an abortion as a result of having to find a doctor prepared to perform the procedure could easily mean that the abortion cannot be carried out. Timing issues are critical.
Read more here.
More information about abortion can be found here:
Family Planning NSW
NSW Government summary of Abortion Law Reform Act 2019
NSW Pro-Choice Alliance
Contact us
If you or a loved one would like to speak with one of our caring, expert, female lawyers please get in touch or call us on 02 4929 3995.
The post Access to abortion in NSW appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Adelaide Workshop on Aged Care Program Redesign
The first public session of the Royal Commission into Aged Care Safety and Quality for 2020 was a workshop on the redesign of the aged care system. It was held in Adelaide on Monday 10 February and Tuesday 11 February 2020. In December 2019, the commission issued Consultation Paper 1 on program redesign and called for submissions in response to that paper.
The workshop was used to gather evidence from witnesses in a less formal setting than the public hearings. It helped test propositions in the lead up to the development and finalisation of the recommendations that the Commissioners will make in their final report in November 2020.
On the first day, the Commission presented propositions to industry professionals and researchers around the future structure of aged care. On the second day, the subject was investment and care streams and the transition process into aged care.
Adelaide Hearing on aged care workforce
The Royal Commission into Aged Care Safety and Quality held a hearing in Adelaide on February 21 about the aged care workforce. This continued the inquiry into questions raised during Melbourne Hearing 3, and the Royal Commission’s call for submissions on the topic of workforce in October 2019.
At the hearing, the Royal Commissioners heard evidence from Professor Charlene Harrington and Dr Katherine Ravenswood on workforce issues. Senior Counsel Assisting the Royal Commissioners, Peter Rozen QC, made a 6 part submission outlining some suggested recommendations concerning the future of the aged care workforce.
Counsel Assisting’s submission and recommendations
Mr Rozen QC’s submission addressed staffing numbers and mix, terms and conditions of employment, workforce planning and the role of the Commonwealth, education and training of the workforce and registration of personal care workers.
The submission is based on some very sound principles:

an approved provider of residential aged care services should have to meet mandatory minimum staffing requirements;
registered nurses (including nurse practitioners) should make up a greater proportion of the care workforce than is presently the case;
all aged care workers should receive better training;
unregulated care workers should be subject to a registration process with a minimum mandatory qualification as an entry requirement;
the care workforce should be better remunerated and should work in safe workplaces;
the organisations for which they work should be better managed and governed; and
the Australian government should provide practical leadership.

The Submission makes the following 11 recommendations.
RECOMMENDATION 1
An approved provider of a residential aged care facility should be required by law to have a minimum ratio of care staff to residents working at all times. The ratio should be set at the level that is necessary to provide high quality and safe care to the residents in its facility and should be based on the following:

it must be sufficient to achieve a 4 star rating under the current CMS staffing star rating as adjusted for Australian conditions;
average case-mixed total care minutes of between 186 and 265 minutes per resident per day from a trained workforce comprising nurses (including registered and enrolled nurses), and personal care workers;
a minimum of 30 minutes of registered nurse care time per resident per day;
in addition, at least 22 minutes of allied health care per resident per day; and
that there is a registered nurse (RN) present on each shift and available to direct or provide care subject to limited exceptions.

RECOMMENDATION 2
All approved providers must provide the Department with quarterly staffing levels for registered and enrolled nurses, allied health and other care staff by shift in residential care.
The Department must publish this information at a service level. There needs to be clear explanatory material for older people and their families and carers to access to enable them to understand the published information and compare services.
RECOMMENDATION 3
The Certificate III in Individual Support (Ageing) should be the minimum mandatory qualification required for personal care workers performing paid work in aged care (including residential, home-based, respite, restorative and palliative care).
RECOMMENDATION 4
The Medical Deans of Australia, in conjunction with the Australian Medical Council, the Royal Australian College of General Practitioners and the Australia Medical Association, should establish a working group to:

review the skills needed by GPs to enable them to meet the anticipated aged care needs of the Australian Population over the next 30 years;
determine the anticipated need for GPs to deliver geriatric medical services, particularly in the aged care context over the next 30 years;
review the state of geriatric undergraduate medical education with a view to mandating a core subject that enables the medical graduate to adequately meet clinical needs and anticipate demand; and
they should have express regard to the ANZSGM Position Statement number 4 – Education and Training in Geriatric Medicine for Medical Students.

RECOMMENDATION 5
Each Australian University Medical School should review its undergraduate medical curriculum with a view towards:

making geriatric medicine a core element of the undergraduate medical curriculum; and
making placement in a geriatric clinical setting a required portion of internship training in advance of registration.

RECOMMENDATION 6
The Commonwealth Department of Health should fund and collaborate with the Royal Australian College of Medical Practitioners, the Royal Australian College of Physicians and the Australian Medical Association to conduct an ongoing research program designed to estimate the short, medium and long term demand for geriatric services for older Australians.
RECOMMENDATION 7
The Nursing and Midwifery Board of Australia and the Australian Nursing and Midwifery Accreditation Council should incorporate an introductory module/subject on geriatric medicine and gerontology care into the Enrolled Nurse Accreditation Standards and the Registered Nurse Accreditation Standards.
RECOMMENDATION 8
To increase the supply of nurse practitioners, the Australian Government should introduce scholarship programs (with aged care return of service obligations) for nurse practitioner training and advance skill nursing.
RECOMMENDATION 9
A registration scheme for personal care workers should be established, with the following key features:

mandatory minimum qualifications;
scope to require that qualifications be obtained from certain approved training providers;
ongoing training and continuing professional development requirements;
minimum levels of English language proficiency;
criminal history screening requirements; and
a Code of Conduct and power for the registering body to investigate complaints into breaches of the Code of Conduct.

RECOMMENDATION 10
The Commonwealth should lead workforce planning for the aged care sector, and should identify an agency or body that has overall responsibility for aged care workforce planning, with key actions being:

long-term workforce modelling on the supply and demand of health professionals and care workers (however described), to inform the development of workforce strategies for aged care;
overall management of the training pipeline for health professionals and care workers, in partnership with the States and Territories, universities, Registered Training Organisations, National Boards, professional associations, specialist colleges and other key stakeholders;
driving improvements in labour productivity across the health professions and care workforce (however described);
ensuring an appropriate distribution of the health professional and care workforce to meet the needs of population across the aged care sector, particularly in rural and regional Australia; and
facilitating the migration of health professionals and care workers to Australia to address identified health, aged care and disability workforce needs.

RECOMMENDATION 11
The Australian Government should work in partnership with the Aged Care Workforce Industry Council, and provide the financial and practical support necessary to implement the Aged Care Workforce Strategy Taskforce Report recommendations.
The Royal Commission is inviting submissions in response to Counsel Assisting’s submissions on the future of the aged care workforce made on 21 February 2020. The final date to provide submissions in response is Friday, 13 March 2020.
The Commission has published some of the submissions it has received including two lengthy and detailed submissions from the Australian Lawyers Alliance on workforce and program design which the Catherine Henry Lawyers elder law team contributed to.
The post Aged Care Royal Commission update – Adelaide workshop and hearing appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

A Family Law property settlement can be lengthy, costly and stressful.
There is often money tied up in assets that can’t be distributed until the court makes its orders or the case settles. There is often also a disparity in the level of control each former partner has over any assets.
This can leave a separating or divorcing couple financially vulnerable, frustrated, and in a world of uncertainty – especially the partner with less access to the assets who now needs to find money for legal costs on top of their living expenses.
If you find yourself in this position the good news is that you may be able to apply to the Family Court for an “interim distribution of funds”.
What the court can do
In 2011 the Family Court ruled that it no longer needed to wait until the end of a case to make just one set of orders distributing any property between former partners of a relationship. Instead, it can make a series of distributions throughout a case instead, including orders to pay cash or temporarily transfer property.
This can help alleviate the financial strain that comes from having your assets in limbo until a property case finishes.
When will a court make an interim distribution?
While anyone awaiting a property settlement can apply for an interim distribution, it’s most commonly used where:

One party has the majority of the control over assets;
There are sufficiently liquid assets (ie cash or something that can be easily converted to cash, such as shares); and
An interim distribution won’t negatively affect anyone’s ability to pursue the property settlement they want.

What next?
If you’re going through a separation or divorce and your assets are tied up, or your access to them is restricted, you should contact Catherine Henry Lawyers’ family law team.
The post How to get funds released before a property settlement appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.