Medical Negligence, Causation and Liability for Non-disclosure of Risk: A Post-Wallace Framework and Critique
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Smith, Malcolm K
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Abstract
It is well-established under the Australian law of negligence that medical practitioners owe a comprehensive duty of care to patients. The duty encompasses all aspects of their role and requires practitioners to take reasonable care in the provision of diagnosis, treatment, and information and advice.1 In respect of the latter part of this duty, the High Court in Rogers v Whitaker imposed an obligation upon practitioners to disclose to patients all material risks inherent in undergoing or forgoing surgery or other interventions.2
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UNSW Law Journal
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37
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3
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Smith, M; Carver, T, Medical Negligence, Causation and Liability for Non-disclosure of Risk: A Post-Wallace Framework and Critique, UNSW Law Journal, 2014, 37 (3), pp. 972-1018