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Australian Medical Liability, 3rd edition

Australian Medical Liability, 3rd edition

Madden, B; McIlwraith, J; Madden, B, 2017

Available Formats

Format ISBN Price
Book 9780409345926 $194.00
eBook 9780409345933 $194.00

Standard delivery for this title is between 7-10 business days

Australian Medical Liability, 3rd edition is comprehensive handbook focusing on medical liability in the context of the civil liability legislation across Australia.


Format: Paperback


Australian Medical Liability, 3rd 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.



• 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


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.

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.

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.

Table of Contents

Part A – Introduction

1. Framework of Australian Medical Liability
2. Consent to Medical Treatment and Trespass to the Person

Part B – Duty

3. Duties regarding Informed Consent
4. Duties to Patients regarding Treatment
5. Duties to Non-Patients and Third Parties
6. Duties to Disclose Error
7. Vicarious Liability and Non-Delegable Duties

Part C – Breach and Defences

8. Breach of Duty in Informed Consent Cases
9. Breach of Duty in Treatment Cases
10. Breach of Duty in Treatment Cases - Case Examples
11. Public Authorities
12. Apologies
13. Good Samaritans
14. Intoxication
15. Contributory Negligence

Part D – Causation

16. Causation in Informed Consent Cases
17. Causation in Treatment Cases
18. Loss of Chance

Part E – Special Categories

19. Wrongful Birth Claims
20. Intentional Acts with Intent to Cause Harm, Sexual Assault and Sexual Misconduct

Part F – Related Issues

21. Confidentiality and Litigation
22. Expert Evidence
23. Medical Treatment and the Coroner
24. Medical Treatment and Professional Conduct

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