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Health & Aged Care

Supporting the progression and innovation of one of the world's most vital sectors

Our Health & Aged Care teams assist our clients in future-proofing the delivery of services across the health and aged care spectrum by providing solutions to significant changes and challenges and advising on the industry’s trends and ever-increasing demands.

There is little doubt that Australia has one of the best healthcare systems in the world based on cost, access, and quality. However, like many countries, Australia also faces the immediate challenge of an ageing population, rising chronic diseases, and an ever-increasing demand for new treatments and more hospital beds.

Unique to Australia is the series of reviews currently being undertaken by a number of Royal Commissions, therefore, greater transparency of costs and appropriate conduct will become a regulatory feature for our aged care, private health insurance and private hospital providers.

How can we help you?

Like all good health professionals, our Health team takes a holistic approach and believes that prevention is better than cure.

Our specialist and multi-disciplinary Health team understands the commercial imperatives and structural complexities of the health sector in Australia, as well as the significant government and public scrutiny it faces.

We combine a state-based focus with a national overview and have developed close and long-term working relationships with key players in both the public and private sector.

Our team works for a diverse range of clients across the full lifecycle of healthcare projects and operations.

We regularly act for government and private hospital clients in malpractice claims, defence of civil claims and personal injury litigation. We provide regulatory and risk management advice for health and disability service providers as an adjunct to our primary services.

Finlaysons’ multidisciplinary team of sector and technical specialist lawyers has offered strategic solutions and advice to aged care providers and retirement village operators for well over 40 years.

We offer end-to-end advice comprising of approvals, structuring and establishment, to financing and development, approvals accreditation and the management of care, operational issues and compliance for both the for-profit and not-for-profit sectors.

This experience extends to both very large and small operators, and to both ‘for profit’ and ‘not for profit’ operators.

Recent Experience

  • Accepting instructions on behalf of the Department of Health to advise, act for and appear for almost all of the public health institutions in South Australia on a wide variety of matters. This has included general advice, claims handling and appearing as counsel, both in contested civil matters as well as coronial investigations and inquests.
  • Representation in relation to the ‘Oakden’ Coronial Inquiry.
  • Acted for HealtheCare Australia Pty Ltd in the acquisition of five private hospital businesses-based interstate. We also acted in the merger of three community hospitals to form Adelaide Community Healthcare Alliance Inc.
  • Defended a medical professional in a $4.1m personal injury claim relating to alleged negligence in the performance of hand/wrist surgery.
  • Defended an allied health professional in 18 actions by former patients who allegedly contracted mycobacterial infections following the administration of biomesotherapy treatment (including coverage issues arising out of alleged breaches of infection control protocols).
  • Provided planning, development approvals, rezoning, site contamination management and other advice in respect of a number of recent construction projects in Adelaide and SA, including:
    • planning advice regarding development of the New Royal Adelaide Hospital.
    • planning advice regarding redevelopment of the Old Royal Adelaide Hospital site.

Recent Industry Recognition and Awards:

Kathryn LincolnBest Lawyers Australia 2021 & 2020 – Health and Aged Care Law

David MartinDeputy Chair of the Board of Southern Cross Care (SA&NT) Inc (SCC) the largest aged care provider in South Australia, and a member of the SCC Board’s Services and Workforce Subcommittees.

David RostronBest Lawyers Australia 2021 & 2020 – Professional Malpractice Litigation

Jeremy SchultzBest Lawyers Australia 2021 & 2020 – Health and Aged Care Law

Chris SweetBest Lawyers Australia 2021 – Medical Negligence

Related Sectors & Services

 

Key Services

  • Contracting
  • Public/private alliances
  • Mergers, acquisitions and disposals - retirement villages, aged care facilities, hospitals
  • Aged care accreditation
  • Legal compliance
  • Review of insurance arrangements
  • Patient confidentiality and the use of medical records
  • Privacy and Intellectual property protection
  • Experimentation and medical research
  • Medical negligence litigation
  • Consent to medical treatment
  • Decisions to withhold or withdraw treatment
  • Regulatory procedures for therapeutic goods and devices
  • Product liability
  • Biotechnology
  • Intellectual property protection
  • Clinical trials
  • Coroners inquests