Notes

Microbial Speciation.
The COVID-19 pandemic has highlighted a range of challenges for the participants in Australian workers' compensation schemes. Although there are some jurisdictional differences in legislation operating at sub-national levels, this article addresses some common themes that have emerged since the outbreak of the pandemic in Australia in early 2020. One of the major concerns which has emerged is the issue of proving the causal link between COVID-19 and work. In some jurisdictions, legislation has specifically addressed these causation concerns. While the number of workers' compensation claims overall is low, there are specific industries which have been heavily affected by the pandemic which may result in a spike in claims in areas such as aged care and the medical and allied professions. We speculate that a number of legal and practical concerns will emerge that may in time contribute to some new jurisprudence in the workers' compensation arena.The Health Insurance Act 1973 (Cth) and Medicare Benefits Schedule regulate the Medicare benefits payable in Australia for the professional services provided by medical practitioners who are regularly required to make prompt decisions with respect to the interpretation and billing of Medicare items. If a medical practitioner engages in unacceptable practice by inappropriately billing Medicare items, subsequent professional review, disciplinary action and criminal proceedings can follow. Despite the explanatory notes provided for each Medicare item, disagreements between practitioners, professional bodies/associations and the relevant authorities can arise with respect to the meaning and scope of a particular Medicare item. This article explores the anterior question involved in resolving such disagreements, namely, what principles of statutory interpretation do the courts apply in the civil and criminal jurisdictions to determine the meaning and scope of a Medicare item.The first instance assessment of all disability sectors in Italy takes place in most parts of the country in two stages. The first step is the applicant's examination and judgment performed by the Local Health Authority (ASL). The second phase is the verification of the National Social Security Institute (INPS) on the ASL report, which ends with its confirmation or suspension and repetition. Disability examination strategies can fluctuate between the evaluation automatism and the personalised approach. Evaluation automatism implies a necessary and shared prediction of the judgment due to a specific diagnosis. The personalised approach favours a rigorously individualised, unrepeatable assessment, specifically adapted to the case examined. In both perspectives, the criteria for defining disability belong to a medical model that measures the disease-related impairment. The degree of sharing of judgments between ASL and INPS can often imply and express the contribution of the evaluation automatism to the procedure.Recent parliamentary inquiries into end-of-life choices identify the need to provide legal certainty for health practitioners working in end-of-life care. A concern identified is the lack of clarity surrounding the operation, status and application of the doctrine of double effect. This discussion clarifies these concerns. Although the doctrine is judicially recognised in several overseas jurisdictions, in Australia the doctrine of precedent means that it does not form part of the common law. In most jurisdictions, the fault element for murder includes recklessness, and application of the doctrine does not avoid criminal liability being established against orthodox criminal law principles. Although the prosecution of a medical practitioner who incidentally causes death in the proper course of medical treatment is a rare event, it remains a live issue. Legislative protection of medical practitioners, as has occurred in Queensland, South Australia and Western Australia, is the means to achieve the certainty sought.The epidemiology of offences against health is a subject of debate in developed nations but it is poorly studied in former socialist economies, to which the countries of Central Asia belong. This study investigated the epidemiology of medical errors and associated compensation payments, pre-trial settlements and court hearings in the Republic of Kazakhstan over a period of five years (2015-2019). We performed the analysis of nationwide data on offences against health and associated mortality. There was a decrease in the rate of offences against health from 4,024 per 100,000 population in 2015 to 2,533 per 100,000 population in 2019. Likewise, the mortality rate from offences against health has gradually declined. Over the study period there were significant variations in the numbers of adverse events, compensation payments, patient victims and health care providers involved. Understanding the scope of unsafe care in Kazakhstan and solutions to be adopted is critical for delivering safe and effective medical care to the country's citizens. Decisions made on the safety of medical services should be evidence-based. It is necessary to construct a State program focused on monitoring of medical errors and their consequences in order to protect patients and strengthen legal protection of health care workers.Should a written reflection about regrets be part of the private life of a doctor - or of any health care practitioner - or something that can be used in the public domain when things do go wrong? This article examines the tenability of reflective practice in Australia after the Bawa-Garba cases, outlining the options for the future of reflective practice, and assessing the options ranging from maintaining the current status quo to protecting the use of reflections via absolute legal privilege. click here In particular, this article explores the value of reflective practice in the broader context, weighing up which of the options for change to reflective practice bring with it the greatest enhancement to public safety. This work concludes by suggesting a potential method for allowing the continued safe implementation of reflective practice by stakeholder groups briefly considering the novel proposition in the Williams Review that could be adopted in Australia.
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