Australian Medical Liability, 4th edition
A one stop reference for legislation and case law on medical liability in Australia
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A comprehensive handbook on medical liability law.
This fourth edition of Australian Medical Liability was mostly written during 2020, a difficult year that provided many challenges for the medical profession, the legal profession and of course for society as a whole in the context of the Covid-19 pandemic.
As before, this book seeks to provide a comprehensive overview of medical liability law in Australia with some international comparisons where useful. The civil liability legislative framework remains central to the book's analysis. Despite it now being almost 20 years since the civil liability legislation came into effect, judicial interpretation of it in many new cases provides further insights into its effects and these have been incorporated in this fourth edition.
Topics incidental to medical liability law are again addressed, including confidentiality, expert evidence, professional conduct and the role of the Coroner in deaths following medical treatment.
Australian Medical Liability is intended to be a practical reference, source book and commentary for legal practitioners and law students interested in medical liability law in Australia. It should also be of value to medical practitioners and students of medicine seeking insights into Australian medical liability as it constantly develops.
• Specialist text specifically dealing with medical liability law
• Written by highly respected medical liability lawyers
• Allan & Blake, Australian Health Law
• Richards & Louise, Medical Law and Ethics: A Problem-Based Approach
• Smith, LexisNexis Questions & Answers: Medical Law 2nd ed
• Dal Pont, Law of Limitation 2nd ed
Table of contents
- Framework of ‘Australian Medical Liability’
- Consent to Medical Treatment and Trespass to the Person
- Duties Regarding Provision of Information
- Duties Regarding Treatment
- Duties to Non-Patients and Third Parties
- Duties to Disclose Error
- Vicarious Liability and Non-Delegable Duties
- Breach of Duty in Information Cases
- Breach of Duty in Treatment Cases
- Breach of Duty in Treatment - Case Examples
- Public Authorities
- Good Samaritans
- Contributory Negligence
- Causation in Information Cases
- Causation in Treatment Cases
- Loss of Chance
- Wrongful Birth Claims
- Intentional Acts with Intent to Cause Harm, Sexual Assault and Sexual Misconduct
- Confidentiality and Litigation
- Expert evidence
- Professional Conduct
- Medical Liability and the Coroner