Much discussion followed the 2013 decision Medical Board of Australia v Dekker [2013] WASAT 182, a conduct matter following an incident in which a practitioner failed to stop and render assistance after a \u2018near miss\u2019 incident involving her motor vehicle and a second motor vehicle. For that earlier decision see http:\/\/www.austlii.edu.au\/cgi-bin\/sinodisp\/au\/cases\/wa\/WASAT\/2013\/182.html<\/p>\n
In a judgment delivered today, the 2013 decision was revisited on appeal by the Court of Appeal of Western Australia, in Dekker v Medical Board of Australia [2014] WASCA 216. The appeal was allowed.<\/span><\/p>\n Absent a specific professional duty (in effect, to stop and render assistance) in 2002, a detailed discussion appeared at [79]ff as to whether there was evidence supporting a generally accepted duty of the type identified by the Tribunal. The Court held that there was not.<\/span><\/p>\n The unusual circumstances relevant to the asserted duty were noted at [88] to include the lack of any existing doctor \/ patient relationship. However that does not appear to have been central to the appellate finding.<\/span><\/p>\n The earlier adverse conduct finding was set aside. For reasons including the many years that had passed since the 2002 events, the matter was not remitted for rehearing.<\/span><\/p>\n With thanks to Enore Panetta (Panetta McGrath Lawyers) for drawing this decision to my attention.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" Much discussion followed the 2013 decision Medical Board of Australia v Dekker [2013] WASAT 182, a conduct matter following an incident in which a practitioner failed to stop and render assistance after a \u2018near miss\u2019 incident involving her motor vehicle and a second motor vehicle. For that earlier decision see http:\/\/www.austlii.edu.au\/cgi-bin\/sinodisp\/au\/cases\/wa\/WASAT\/2013\/182.html In a judgment delivered […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0},"categories":[1],"tags":[],"yoast_head":"\n\n\n\n\n\n\n\n\n\n\n\t\n