Health
As the public and private health sectors look to the future, opportunities provided by technological advancements at all stages of the healthcare delivery cycle are counter-balanced by the challenges posed by future demographic changes.
In advising the Australian health sector we are conscious of the strategic issues shaping the delivery of clinical care:
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A focus on shared corporate services to optimise economies of scale inherent in healthcare systems
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Public and private funded indemnity insurance for medical practitioners and other allied health professionals combined with appropriate risk management systems
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A commitment to demand management continues to drive considerable investment, from both the public and private sector, in infrastructure necessary for improved capacity, patient management and clinical service delivery
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Acute and exponentially growing demand for aged care services, with Australians in the 65-plus age bracket utilizing health care services at four times the rate of the remainder of the population
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Maintaining an internationally competitive clinical workforce through a strengthened focus on medical education
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A commitment to patient and staff safety to further reduce the cost of claims while maintaining a robust professional standards to reduce exposure to negligence actions
Services
Our understanding of the healthcare system, combined with our technical expertise underpins our advice to public and private sector providers, particularly in the areas of:
- Class actions
- Commercial litigation and dispute resolution
- Contracts and tendering
- Coronial inquiries
- Health care and research ethics
- Information technology
- Infrastructure development
- Intellectual property
- Medical negligence
- Medical regulatory & disciplinary actions
- Outsourcing
- Privacy
- Product liability
- Property and infrastructure development
- Trusts and fundraising
- Workplace relations and safety
Experience
- Sparke Helmore acted for a distributor of medical appliances in a class action brought in the Federal Court. The case had significant implications for insurers in the product liability context as it tested the duties of owed by manufacturers and suppliers of medical products to the individuals who undergo surgery using those medical products.
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Vast experience in representing health professionals and institutions in professional indemnity matters, including acting for a senior anaesthetist at a coronial inquest into the death of a patient, conducting the defence of civil proceedings brought by relatives of the deceased and preparing and lodging a successful submission to the office of Director of Public Prosecutions to have a charge of manslaughter dropped.
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Sparke Helmore advised several NSW Area Health Service organisations in matters that included property, intellectual property, employment, occupational health & safety, workers compensation, tendering and contracting, insurance liability, risk management and the interpretation of the Health Services Act 1997.
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We advised on the administration of the Medicare and PBS schemes, including Commonwealth/State arrangements, for the implementation of those schemes under the Health Insurance Act 1973.
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We have acted for a major national health fund since 1954, undertaking all legal matters for that fund over the past 50 years. We provided the client with advice on significant matters in respect to group membership and documentation of relationships with insured parties.
- Advising the NSW Department of Health and the Hunter Area Health Service on the initial stages of the proposed redevelopment of the Mater Hospital, and the possible relocation of allied health facilities to the Mater site.
Useful links
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