Australian Medical Liability, 3rd edition

A comprehensive handbook focusing on medical liability in the context of the civil liability legislation across Australia.

by (Author), (Author), (Author)
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AUD$ 194.00
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ISBN/ISSN: 9780409345926

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Product description

This thoroughly revised third edition provides a detailed and in depth commentary on the elements of medical liability legislation. Australian Medical Liability follows the structure of a medical negligence claim through duty, breach and causation, ensuring its practicality as a resource for the busy practitioner and the interested student. In addition to the key case decisions from the second edition, this third edition of Australian Medical Liability includes new chapters on consent, expert evidence and a commentary on claims under consumer laws.

Features

  • Specialist text specifically dealing with medical liability law
  • Written by highly respected medical liability lawyers

Related Titles

Richards & Louise, Medical Law and Ethics: A Problem-Based Approach, 2013

Featured authors

Bill Madden
Janine McIlwraith
Benjamin Madden

Bill Madden

Bill Madden is a lawyer specializing in professional and medical negligence litigation and a regular writer and speaker on medical law issues. He is an Adjunct Professor, Australian Health Law Research Centre at Queensland University of Technology; an Adjunct Fellow, School of Law at Western Sydney University and a Senior Fellow in the Melbourne Law Masters program at the University of Melbourne.

View all books by Bill Madden (3)

Janine McIlwraith

Janine McIlwraith is a lawyer practising in medical negligence litigation and health law. She has written for Halsbury’s Laws of Australia and contributes regularly to various professional publications on medical law issues. Janine also presents regularly at conferences and seminars. She has taught postgraduate and undergraduate health law and related topics and is an Adjunct Associate Professor at the University of New England.

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Benjamin Madden

Benjamin Madden obtained his Bachelor of Science at the University of Sydney double majoring in mathematics and computer science, before completing his Juris Doctor at the University of Technology Sydney. His interests include medical litigation, intellectual property, and the interaction between the law and emerging technologies.

View all books by Benjamin Madden (2)

Table of contents

Part A – Introduction
 

     
  1. Framework of Australian Medical Liability

    2.  
  2. Consent to Medical Treatment and Trespass to the Person

    3.  

 Part B – Duty 
 

     
  1. Duties regarding Informed Consent

    2.  
  2. Duties to Patients regarding Treatment

    3.  
  3. Duties to Non-Patients and Third Parties

    4.  
  4. Duties to Disclose Error

    5.  
  5. Vicarious Liability and Non-Delegable Duties

    6.  

 Part C – Breach and Defences
 

     
  1. Breach of Duty in Informed Consent Cases

    2.  
  2. Breach of Duty in Treatment Cases

    3.  
  3. Breach of Duty in Treatment Cases - Case Examples

    4.  
  4. Public Authorities

    5.  
  5. Apologies

    6.  
  6. Good Samaritans

    7.  
  7. Intoxication

    8.  
  8. Contributory Negligence

    9.  

 Part D – Causation
 

     
  1. Causation in Informed Consent Cases

    2.  
  2. Causation in Treatment Cases

    3.  
  3. Loss of Chance

    4.  

 Part E – Special Categories
 

     
  1. Wrongful Birth Claims

    2.  
  2. Intentional Acts with Intent to Cause Harm, Sexual Assault and Sexual Misconduct

    3.  

 Part F – Related Issues
 

     
  1. Confidentiality and Litigation 

    2.  
  2. Expert Evidence

    3.  
  3. Medical Treatment and the Coroner

    4.  
  4. Medical Treatment and Professional Conduct

    5.

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