NEWS 7
Trimbow streamlined management : 2 † COPD ( 100 / 6 / 10 ) + severe asthma ( 200 / 6 / 10 )
ausdoc . com . au 13 SEPTEMBER 2024
NEWS 7
Legal loss for doctor who sued colleagues
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* Trimbow 100 / 6 / 10 & 200 / 6 / 10 are indicated for maintenance treatment ; in adults with asthma not adequately controlled with a maintenance combination of medium dose or high dose ICS / LABA respectively , and who experienced ≥1 exacerbation ( s ) in the previous year . Trimbow 100 / 6 / 10 is indicated in adults with moderate to severe COPD who are not adequately treated by ICS / LABA or LABA / LAMA . 1
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Dr Christopher Price was not invited to join their on-call roster .
Antony Scholefield AN obstetrician who sued six colleagues for millions of dollars under anti-cartel laws after they excluded him from their on-call roster has lost his legal case .
Dr Christopher Price was on a roster of three obstetricians , who covered each other during weekends and holidays , when they tried to amalgamate with a second group of obstetricians at Brisbane ’ s North West Private Hospital in 2020 .
The union was rejected , with one obstetrician telling the court it was because “ no-one wanted Dr Price to treat their patients ”.
The Supreme Court of Queensland was told that Dr Price was regarded as a “ skilled ” and “ competent ” obstetrician by colleagues .
But the following year , the two other obstetricians in his group discussed joining the larger group themselves without him , it said .
‘ No love lost ’
In text messages referring to Dr Price as “ CP ”, one of the doctors said to the other : “ The whole lot of the other group want to join with you and me , but absolutely none of them will allow CP to see their patients … No love lost between CP and I if this were to happen .”
The response read : “ Not surprised about that . I totally agree with your sentiments . I ’ ll wait and see .”
In April 2021 , the pair told Dr Price they were joining the new group but would provide “ one-way ” cover until August .
But both withdrew that offer two months later after all six doctors received a hand-delivered letter from Dr Price ’ s lawyers .
It suggested they were breaching the Competition and Consumer Act 2010 , which could lead to fines of up to $ 10 million .
One doctor added that Dr Price ’ s wife had texted him : “ If my husband commits suicide , I ’ m going to hold you fully responsible .”
The doctors did not allow Dr Price into the group .
Loss of income
Between June and January the following year , Dr Price wound down his hospital clinic of 25 years and turned to locum work , slashing his annual income by hundreds of thousands of dollars , the court heard .
The court decided that he had a loss of income of around $ 1.6 million , lower than his initial statement of claim that he had lost $ 2.6 million .
But to win his case , he had to show that the doctors were in competition and their decision to block him from the group was intended to control supply or that their actions were otherwise “ unconscionable ”.
Arguments rejected
Queensland Supreme Court judge Justice Declan Kelly rejected all three arguments .
He said , in a “ very basic sense ”, there were demand and supply factors at play . “ However , just because there was demand for such services , did not necessarily mean that the demand existed in a competitive environment ,” he said .
“ The provision of cover was clearly regarded as a collegiate service .
“ When requests for one-way cover were made , they were couched in terms of a favour or indulgence .”
The intention of the group was not to control supply but to help every doctor have time off .
Dr Christopher Price leaves the Supreme Court of Queensland , Brisbane , 2023 .
Justice Kelly pointed to the example of a text exchange between two doctors that said : “ Are you happy to cover us for the four days also ? I appreciate it ’ s a big ask ; if it ’ s a bit much , that ’ s fine .”
He added that doctors charged a standard rate while providing cover rather than competing on price .
“ The usual billing arrangements … were that the ‘ owning ’ obstetrician would charge the patient for any procedures performed but would pay the covering obstetrician $ 1000 excluding GST per delivery , around $ 40 excluding GST for out-of-hours consultations and a portion of a surgical fee if other procedures were performed , with the fee varying based on the procedure .”
Similarly , he said the intention of the group was not to control supply but to help every doctor have time off work thanks to a large on-call roster “ based on mutual respect ”.
“ The understanding did not have any purpose , substantial or otherwise , of restricting or limiting the supply of on-call services to Dr Price ,” Justice Kelly said .
The judge stressed that the litigation did not involve the determination of any substantial issue around the professional qualifications and competency of the doctors involved , saying the case was conducted on the basis that Dr Price was a skilled and competent obstetrician .
But he added that Dr Price had “ sought to impose himself into such a relationship in circumstances where he did not enjoy the mutual trust and confidence of the group members ”.
“ The inclusion of Dr Price in the new group would have impaired its functionality at a practical level .”
Trimbow streamlined management : 2 † COPD ( 100 / 6 / 10 ) + severe asthma ( 200 / 6 / 10 )
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The only pMDI PBS-listed for both COPD ( 100 / 6 / 10 ) + severe asthma ( 200 / 6 / 10 ) 2
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PBS Information : Authority required ( STREAMLINED ). Severe Asthma ( 200 / 6 / 10 mcg presentation only ). Chronic Obstructive Pulmonary Disease ( 100 / 6 / 10 mcg presentation only ). Criteria Apply . Refer to PBS for full information .
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Abbreviations : COPD : chronic obstructive pulmonary disease ; ICS : inhaled corticosteroid ; LABA : long-acting beta 2 agonist ; LAMA : long-acting muscarinic antagonist ; PBS : Pharmaceutical Benefits Scheme ; pMDI : pressurised metered dose inhaler . References : 1 . Trimbow Approved Product Information . 2 . Pharmaceutical Benefits Scheme ( PBS ). www . pbs . gov . au . Chiesi Australia Pty Ltd , Hawthorn East , VIC . 3123 , Australia . Tel : + 61 3 9077 4486 ; Fax : + 61 3 8672 0792 ; Email : medinfo . au @ chiesi . com . Copyright © Chiesi 2024 . All rights reserved . Date of preparation : May 2024 . AU-TRI-2400081 . CHIE00185C .