Health Law Blog

Mother and Child sitting on a rock

Women’s Health Claims – What are your rights?

As part of Elringtons’ specialisation in Health and Medical Law we have extensive experience with claims relating specifically to female ...
Photo of healthcare professional in personal protective equipment.

Are you a healthcare professional who is stressed or burnt out?

Amidst the COVID-19 pandemic, most recently with the arrival of the Omicron variant, there has been renewed focus on the ...
Coronavirus Infection - Image by Gerd Altmann from Pixabay

What are the Covid-19 laws in the ACT and NSW and do you owe obligations to fellow citizens?

Amidst the flurry of COVID-19 activity, we receive new announcements each day at both a Federal and State/Territory level in ...
Question Marks - Image by Arek Socha from Pixabay

Comcare and EML ‘cease effects’ decisions

We specialise in Comcare and ACT Government workers compensation claims and have acted for many workers who have a ‘cease ...
Pregnancy - Image by Annalise Batista from Pixabay

Pregnancy and Birth Claims

As part of our health and medical law speciality, we have had to advise expectant parents when things have gone ...
pills - Image by Arek Socha from Pixabay

Over-prescription of reflux medications is causing risk to patients

In July 2017, we posted an article on research that linked common reflux drugs to increase risk of premature death ...
Abandoned wheelchair Image by Pech Frantisek from Pixabay

Claims against aged care facilities – negligence, battery and contract

Did you know that if you or someone you love does not receive proper treatment in an aged care facility, ...
Time for Change - Image by Gerd Altmann from Pixabay

New Aged Care Laws on Physical and Chemical restraints are Inadequate.

In our submission to the Aged Care Royal Commission, we have analysed new Federal government laws on physical and chemical ...
News Update

New Laws on Physical and Chemical Restraints in Nursing Homes

The Federal Government has introduced a new law dealing with use of physical and chemical restraints in Aged Care Facilities/Nursing ...
Forest in fog

Can I sue a nursing home for the death of a person?

On 5 October 2018 a visitor to our website posted a question to us in our ‘What Duty of Care ...
Fog on the Himalayas

Psychological injury because of death to family member

Can you sue someone because death of a family member has caused you a psychological injury? Yes. The law recognises ...
Medcations - pills flying through the air

Royal Commission into Aged Care must cause legal change on chemical restraints

Nursing home residents are currently discriminated against when it comes to laws regulating use of medications to control behaviour. Put ...
Empty park benches

Can nursing homes prevent a person with dementia from leaving the facility?

by Tom Maling and Mitch Evelyn We recently received a question in response to our article What Duty of Care ...
surgical instruments

Surgical Errors

Surgical errors include cutting of arteries or nerves, performing the wrong procedures, improperly inserting a medical device, leaving instruments in ...
Wrong answer

Medical Misdiagnosis

When doctors don’t reach the right answer A doctor’s duty of care covers diagnosing health conditions and for many conditions ...
Medication - capsules

Psychiatric side effects of common Asthma medication

By Tom Maling The Therapeutic Goods Administration (TGA), who is responsible for medication approvals and safety in Australia, has issued ...
Pregnant woman holding stomach

HIV medication linked to serious birth defects

by Tom Maling On 31 May 2018 the Therapeutic Goods Administration (TGA), who is responsible for medication approvals and safety ...
Bega Hospital Sout Coast NSW

Medical Negligence Lawyers for South East NSW

Elringtons is the only South East NSW personal injury law firm specialising in health and medical law, particularly medical negligence ...

Elringtons’ submission to ACT Government Committee on End of Life Choices

Elringtons lawyers have made a detailed submission on voluntary assisted dying (euthanasia) laws in the ACT, being the only ACT ...
Assisted Reproduction

Assisted Reproductive Technologies and Surrogacy

Unhindered access to Assisted Reproductive Technologies (ART) in recent years has provided an enormous boost to loving families who have ...
Health Care Business Advice

Health Industry Business Advice

Our commercial team is experienced and equipped with industry knowledge and know-hows having worked closely with various private sector businesses ...
Defective implant Sad Woman

Elringtons Health Law Update: Adverse Effects of Contraceptive Implant Mirena

We recently wrote about some serious side effects from contraceptive implants, Mirena and Implanon, which had initially been reported by ...
Syringe & Pills

Chemical Restraints in Nursing Homes

Nursing home abuse – Medications administered without consent are an assault People with dementia are being administered medications to control ...
Prison Chain Fence

Prisoners and Health Care: Your Rights in the ACT

A large part of being in prison is being deprived of certain liberties. Despite this, it is important to know ...
Side effects - womens hand holding pills

TGA warnings on sleeping tablet Belsomra

On 20 March 2018 the Therapeutic Goods Administration (TGA) released a warning about prescribing practices of Belsomra (also known as ...
hospital operating room

Hospital Complications and Medical Negligence

By Tom Maling According to new research from the Grattan Institute, almost 11% of all people hospitalised have a complication ...

elringtons health law update – adverse effects from Implanon and Mirena

By Tom Maling A 12 December 2017 ABC investigation report has exposed that Australian women are experiencing serious side effects ...

Nursing home abuse by residents on other residents

On 13 November 2017 a journal article was published which detailed the high rates of abuse by nursing home residents ...

Epilepsy and Bipolar Medications may have effected 20000 UK Children

by Tom Maling In June 2017 we detailed the link between birth defects and the medications sodium valproate (Epilim, Valprease, ...
Benches in park

How to make an effective nursing home complaint

by Tom Maling The Aged Care Act gives nursing home residents 21 statutory rights. We discuss these on our Nursing ...
Banner Attention

elringtons health law update – hazard alert for Essure contraception implant device

By Tom Maling On 30 August 2017 the Australian Therapeutic Goods Administration (TGA) issues a hazard alert about a permanent ...

elringtons health law update – bullying and harassment rife in hospitals

By Tom Maling A survey of emergency department doctors has found that 49.8% of the 2000 doctors surveyed had been ...

elringtons health law update – beware of the consent form

By Tom Maling A recent NSW Court case has highlighted the importance of reading consent forms thoroughly before you sign ...
Dentist breaches aged care human rights

elringtons health law update – dentist breaches nursing homes residents’ human rights

By Tom Maling The NSW Civil and Administrative Tribunal has found that a dentist has breached nursing homes residents’ human ...

elringtons health law update – serious risks from coronary artery stent

Update by Tom Maling The government agency responsible for regulating medicines and therapeutic goods, the Therapeutic Goods Administration (TGA), issued ...
Work place bullying

Workplace Psychological Injuries

by Tom Maling Workplace Psychological Injuries Whether you work for a private employer or the public sector (Federal and State) ...

elringtons health law update – evidence growing on the serious side effects of a common reflux drug

Update by Tom Maling New research shows that common reflux drugs can increase your risk of premature death. If you ...
Cocktail of tablets

Medications and Medical Negligence

By Tom Maling For anyone considering whether they have a medical negligence claim as a result of a medication error, ...

elringtons health law update – faulty aortic valve replacement devices

Update by Tom Maling Australians who have had aortic valve replacement surgery since 2010 may have been fitted with a ...
sun shine

What are my rights in relation to my health and medical records?

Information about health or medical treatment can be highly sensitive and it is important that it is handled appropriately by ...
Row of orange pumpkins with one green one

What is Medical Negligence?

By Tom Maling A doctor owes you a ‘duty of care’ and breach of that duty which causes you an ...
Fog on the Himalayas

What Duty of Care Does a Nursing Home Have?

By Tom Maling The treatment of residents in nursing homes is receiving frequent media attention at the moment. It’s a ...

Epilepsy and Bipolar Disorder medications linked to birth defects

By Tom Maling The medications Sodium Valproate (aka Eplilim, Valprease, Valpro) and Topiramate (aka Epiramax, Tamate, Topamax) have been linked ...

Consenting to Health and Medical Treatment

By Tom Maling Consent is a fundamental part of health and medical treatment.  Without it, treatment is unlawful and a ...

Do Country Hospitals Have the Same Duty of Care as City Hospitals?

By Tom Maling Country hospitals have far less services available than city hospitals.  Will this excuse professional misconduct or negligence ...

Choosing and Refusing Medical Treatment

By Tom Maling In what circumstances can I refuse medical treatment? What a person can and cannot do with their ...

Elringtons Lawyers secures $12 million settlement for client

elringtons has secured $12 million in compensation for a client in a medical negligence matter against a GP, Neurologist and ...