The inner workings of HDC - legal & evidential issues - Health and ...

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Case A – The investigation • The Commissioner commenced an investigation into the appropriateness of the care provided by Dr B. • Independent expert advice was provided by a general surgeon — operation was inadequate. • HDC concluded there were deficiencies in the surgeon’s management — breached Right 4(1).
Case A – The subsequent challenge • Surgeon disagreed with the findings • Accepted process was fair • Provided additional information • Operation note and histology report from subsequent surgery — no evidence of residual cancer • Surgeon submitted expert advice that the surgery was adequate.
Page 1 and 2: The inner workings of HDC: legal an
Page 4 and 5: Avenues of review • Internal revi
Page 6 and 7: Internal review - two pronged test
Page 10 and 11: Case A - The internal review • Co
Page 12 and 13: Case B - Key facts • The patient
Page 14 and 15: Case B - Key facts • The patient
Page 16 and 17: Case B - Key facts • A few days a
Page 18 and 19: Case B - HDC findings Dr B — brea
Page 20 and 21: Case B - Judicial review • The su
Page 22 and 23: Case B - Standard of review • Ten
Page 24 and 25: Case B - Publicity • Dr B sought
Page 26: So — who is watching the watchdog

The inner workings of HDC - legal & evidential issues - Health and ...

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