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Informed consent and performance data: clinician experience as a material risk

Citation

McWhirter, R, Informed consent and performance data: clinician experience as a material risk, University of New South Wales Law Journal, 40, (2) pp. 566-589. ISSN 0313-0096 (2017) [Refereed Article]

Copyright Statement

Copyright 2017 UNSW Law Journal

Official URL: http://www.unswlawjournal.unsw.edu.au/past-issue

Abstract

In Australia, as in other common law jurisdictions, the doctrine of informed consent has developed from the principle that individuals have a right to decide for themselves whether or not to undergo medical treatments.1 The personal autonomy of the patient is facilitated by the provision of information by their medical practitioner. While a description in broad terms of the procedure to be performed is sufficient to establish valid consent – and to avoid the tort of trespass to the person – more information may be required to satisfy the doctor’s duty to warn of a material risk, and to negate a claim of negligence.2

Item Details

Item Type:Refereed Article
Keywords:medical litigation, surgical performance data, informed consent, torts, negligence, material risk
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Tort Law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Civil Justice
Author:McWhirter, R (Dr Rebekah McWhirter)
ID Code:117399
Year Published:2017
Deposited By:Menzies Institute for Medical Research
Deposited On:2017-06-13
Last Modified:2017-08-17
Downloads:3 View Download Statistics

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