Australia

The SA Court ordered a blood transfusion for a 4 year old girl, whose parents had refused consent on religious grounds.

The alert includes links to recent judgments, legislation, reports, media releases and circulars in relation to health.

Shine Lawyers has commenced a class action re Gynaecare implants and Maurice Blackburn is reviewing the situation.

From 2016, the new Standard 1.3.7 will drastically change the current food labelling and advertising regulatory system.

By majority the High Court dismissed the plaintiffs' claims in relation to the wrongful life issues.

Tracey J of the Federal Court has delivered his judgment in Swisse Vitamins Pty Ltd v Complaints Resolution Panel.

KFC, as employer, was found vicariously liable for the negligence of its staff and the plaintiff was awarded damages.

On 15 September 2011, the Natural Health Products Bill was read for the first time in the New Zealand Parliament.

The implementation of the US rules is of interest as it could indicate the future direction for disclosure in Australia.

The alert includes links to and summaries of recent judgments, reports, media releases and circulars relating to health.

Significant changes to the law governing health and related claims on food labels and advertisements have come into effect.

FSANZ has introduced a new Standard 1.2.7 – Representations about Food to the Australia New Zealand Food Standards Code.

Even if the procedure accords with peer practice, it is not determinative of liability in a medical negligence claim.

On 29 July 2009, the Therapeutic Goods (Manufacturing Principles) Determination No 1 of 2009 adopted the Guide to Good Manufacturing Practice - 15 January 2009 as issued by the Pharmaceutical Inspection Convention and Pharmaceutical Inspection Co-operation Scheme (PIC/S) to become the new Code of Good Manufacturing Practice for Medicinal Products (New GMP). The New GMP became mandatory from 1 July 2010.

Recent cases of medical manslaughter to hit the media include the charge of involuntary manslaughter against Dr Jayant Patel. Dr Jayant Patel, a Bundaberg Hospital surgeon in the period between 2003 and 2005, was convicted on 30 June 2010 of three counts of manslaughter and two counts of grievous bodily harm. The decision is likely to be appealed by Dr Patel.

Three recent actions indicate that the ACCC is quick to take action if specific product claims cannot be substantiated.

US and Australian patent laws both include exceptions to patent infringement for regulatory and experimental activities.

The alert includes links to recent budget papers, judgments, legislation, reports and media releases relating to health.

This alert includes recent judgments, legislation, reports and media releases relating to health issues in Australia.

The case reinforces the principle that a doctor has a duty to warn a patient of material risks involved in a procedure.