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Health & Aged Care

overview

The TressCox Health and Aged Care law practice is one of the largest and most experienced in Australia.

We are well connected to the health and aged care industry, its peak bodies and key professionals, and as such we offer you an in-depth understanding of the issues. When professional, ethical and commercial issues compete, our legal advice is sensitive to every nuance for one particular reason: our health and aged care team has specialist expertise with many long-term relationships within the industry.

We have acted in many landmark cases, hold various board and advisory positions within the industry and have been actively involved in lobbying government because we are across every aspect of health.

We offer you extensive expertise gained from acting for a variety of clients including medical defence organisations, insurers, health practitioners, public and private hospitals, professional colleges, community health providers, ambulance services, medical associations and allied health professionals.


@TressCoxHealth on Twitter

TressCox has launched another Twitter profile, @TressCoxHealth focusing on Health news, views and stories of interest from the Health & Aged Care team at @TressCox Lawyers.

Be sure to connect with us on Twitter.

Medical Defence Litigation

Our team specialises in common law negligence and has defended medical practitioners and hospitals in all jurisdictions.

We have specialised experience in the conduct of claims involving the failure to diagnose cancer, which usually involves accelerated timetables and expedited trials. We have also conducted many brain damage claims.

We regularly appear in Courts, Tribunals and at mediations without Counsel. Our unique understanding of the health and aged care industry and experience handling medical negligence claims enables us to anticipate the challenges that you may be facing. We work with you to achieve an effective resolution that is sensitive to your unique situation.

Inquiries, Disciplinary Tribunals & Administrative Law

We have acted extensively in the area of administrative law and have specialised expertise in respect of administrative decision making. In particular we have significant experience representing health professionals and have acted and advised in respect of:

  • Statutory interpretation of legislation
  • Proceedings under the Professional Services Review Scheme (Health Insurance Act) and subsequent appeals
  • Coroners’ inquests
  • Professional Standards Committees hearings
  • Health Professional Tribunals hearings
  • Appeal Committees under the Health Services Act
  • Health Rights Commission investigations
  • Health Care Complaints Commission investigations
  • Medical Board of Australia proceedings
  • Veterinary Board Inquiries
  • Australian Health Practitioner Regulation Agency (AHPRA) investigations
  • Professional Colleges appeals, and
  • University investigations.
Disciplinary / Professional Conduct

Our team’s experience includes the representation of many registered and unregistered health practitioners facing assessment, investigation and prosecution by the HCCC, the ACT Human Rights Commission, the former HQCC where matters have been transferred to the Health Ombudsman from 1 July 2014, and AHPRA. We can assist you at various inquiries conducted under the National Law and other legislation.

Digital Health

As health care professionals and patients adopt digital health tools at a record rate and the reach of telehealth and virtual care continues to evolve, the spectrum of legal issues to address has become more prevalent than ever. We can provide you with comprehensive advice to address specific legal issues as well as the practices and procedures you should have in place to manage these legal risks in the new world of virtual care. We can provide you with advice on matters such as:

  • the regulation of electronic health records
  • contracting arrangements with various third parties
  • privacy, policies and training
  • data breaches and response plans
  • terms and conditions for websites and apps
  • cybersecurity
  • liability
  • intellectual property and agreements
Coronial Inquests

We can assist you at Coronial Inquests including engaging appropriate experts and assembling the appropriate evidence as well as the Coroner in carrying out his/her functions.

Medicare

Having over 20 years of experience enhances our ability to assist you in all areas of Medicare and Professional Services Review (PSR) inquiries and investigations ranging from Medicare audits/initial interviews to appeals to the Full Court of the Federal Court of Australia. We have represented numerous medical practitioners in negotiations with the Director of PSR to achieve early resolution of matters including Section 92 Agreements. We can assist you with PSR Committee (PSRC) hearings and represent you in the Federal and Full Federal Courts of Australia.

Criminal & Driving Offences

We can defend you in criminal proceedings ranging from referrals by the Coroner to the Director of Public Prosecutions for manslaughter charges, fraud charges arising from Medicare billing and other alleged fraudulent conduct, allegations of sexual and common assault and driving offences, the latter being largely strict liability offences.

Workplace Relations & Industrial

We specialise in workplace relations for the health sector and can assist you with:

  • Drafting VMO appointment documentation and contracts
  • Suspension and termination of VMO/VMP appointment decisions
  • Drafting hospital by-laws in the private sector
  • Employment contracts
  • Proceedings before Courts and Tribunals, and
  • Accreditation and credentialing.
Commercial

We can provide you with advice on a range of matters including:

  • the establishment, sale and purchase of health practices
  • shareholder and partnership agreements and buy-sell deeds
  • service agreements
  • associate arrangements
  • trust establishment and advice
  • contracting arrangements with hospital and specialist clinics
  • supply contracts
  • competition law
Risk Management & Compliance

Given the risks inherent in the health care industry, TressCox is sensitive to the need to minimise and manage risk as much as possible. We are highly experienced in undertaking legal risk audits on client operations, with a particular focus on the design and implementation of risk management practices, policies and protocols in accordance with the guidelines in managing risks in the health sector published by Standards Australia.

Our risk audits include general safety, OH&S, public liability, compliance and negligence. Generally, our risk management program recommends management by ensuring compliance, conducting strategic and focused audits, and making sure risks are excluded or shifted as far as possible.

Aged Care Services

The Australian aged care system is a framework of evolving political and legislative changes which provide aged care providers with many challenges. The aged care sector involves unique partnerships between government, private and not-for-profit enterprises, and between medical, health and welfare services. We understand the complex operational, legislative and policy issues of aged care services and health law in Australia and provide legal support in litigious and commercial matters at all levels. 

TressCox has experience in providing legal advice to a range of aged care organisations and providers in the government, private and not-for-profit sectors. For those delivering medical, health and welfare services we can advise you on operating a commercially viable business that complies with the age services industry’s unique and ever changing regulatory environment.  We can help you with a broad spectrum of legal services including: 

  • Regulatory compliance advice and compliance programs 
  • Professional indemnity claims 
  • Public liability claims 
  • Coronial investigations 
  • Complaints processes and investigations conducted by regulators 
  • Property matters including construction, acquisitions and sales, leasing, 
  • Planning and environmental issues relating to development, council determinations and covenants on titles 
  • Village and facility rules 
  • Employment and contractual agreements with service providers 
  • Advanced care directives and care planning

TressCox is a member of Leading Age Services Australia (LASA) in NSW-ACT, Victoria and Queensland.

Our Health & Aged Care News & Events

Health & Aged Care >

Our Health & Aged Care Achievements

Best Lawyers® Australia

We have been designated a "Top Listed" firm in Health & Aged Care in Sydney in the 2017 Best Lawyers® Australia Metro Awards and in 2014/15 a "Top Listed" firm with more listed lawyers in Best Lawyers® Australia in the field of Health & Aged Care Law than any other firm in Australia. We were selected for inclusion in the Best Lawyers® Australia publication in 2009 to 2018 inclusive for Health & Aged Care and Medical Negligence.

In 2018 two of our Partners received the accolade of Lawyer of the Year for Health & Aged Care - Brisbane and Medical Negligence - Sydney, in 2013 two of our Partners received the accolade of Lawyer of the Year for Health & Aged Care - Sydney and Medical Negligence - Sydney and in 2011 two Partners received the accolade of Lawyer of the Year for Health & Aged Care - Sydney, and Health & Aged Care - Melbourne.

We were ranked number 1 in Australia in the 2010 edition for Health & Aged Care and Medical Negligence.

Corporate International Global Awards

We were awarded the Corporate International Global Award in 2014 for 'Health Law - Law Firm of the Year in Australia'.

Related Areas

Employment, IR & Workplace Safety

Government

Insurance & Insurance Litigation

Property

 

 

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