Autumn 2015

Wednesday, 13 May 2015
Maurice Blackburn Lawyers Newsletters -
Deaths in mental health facilities arising from mismanagement When a person is admitted to a psychiatric hospital, especially where the individual is given ‘involuntary patient’ status, the hospital has a responsibility to ensure that the person suffers no harm. It is not uncommon in our practice to receive enquiries from the families of patients who have died or suffered serious injury following mismanagement in a psychiatric facility.
Wednesday, 13 May 2015
Maurice Blackburn Lawyers Newsletters -
Emergency psychiatric care falls short leading to patient death A recent coronial inquiry in Victoria has highlighted the problems with providing psychiatric care in an emergency department setting.
Wednesday, 13 May 2015
Maurice Blackburn Lawyers Newsletters -
Consumer rights in mental health inpatient units State-based legislation governs the admission of people suffering a mental illness (“consumers”) to mental health inpatient units (“MHIU”). MHIUs are usually part of a public hospital.
Wednesday, 13 May 2015
Maurice Blackburn Lawyers Newsletters -
A state of flux: How mental health affects decision making The law presumes that all adults have the capacity to make decisions affecting their freedom, finances, and living arrangements. In some circumstances, this isn’t the case, such as when a person suffers a brain injury and becomes unable to make decisions or manage their own affairs.
Wednesday, 13 May 2015
Maurice Blackburn Lawyers Newsletters -
Compensation for psychiatric injuries following death of a child: Rasmussen v v South Western Sydney Local Health District [2013] NSWSC 656 The loss of a child is a traumatic event for any parent but where the death occurs due to another’s negligence, it can be the cause of major psychiatric sequelae.
Wednesday, 13 May 2015
Maurice Blackburn Lawyers Newsletters -
Limits on the duty of care in the setting of psychiatric treatment: Hunter and New England Local Health District v McKenna; Simon When someone is injured or dies due to the actions of a person with a mental illness, attention often turns to the health system that was responsible for the treatment of the mentally ill person. Why were they allowed to be a risk to the public? What is the legal liability of the treating health professional or facility?