Australia The Law Of Medical Practitioners Essay

1357 Words Oct 4th, 2016 6 Pages
In Australia the law imposes a duty of care on medical practitioners towards patients, thus obliging them to exercise reasonable care in the field which calls upon their expert skill and judgment. 1 2 Wherefrom a practitioner may even be negligent where a patient had received injuries from a blunder free surgery. In surgeries of these kinds exist the probability that damage may occur, even if the care conducted was exemplary. In these cases, the surgeon would be negligent only if the patients weren’t properly informed on the potential adverse affects of the surgery, prior to undergoing the treatment. 3

Traditionally Australia utilised the English test to determine what the stand of care for medical practitioners were. The traditional Bolam Test determined the standard of care utilising the consensus of medical practitioners. 4
Although Australia doesn’t utilised this test our state legislations largely mirrors it, stating that no duty is in breach if the action or inaction which caused the harm was widely accepted by a significant number of peer professional practitioners during the time of the action or inaction. 5 Furthermore, the mere evidence of differing peer professional opinions widely accepted by a significant number of respected practitioners in the field concerning a matter does not prevent any of the opinions being relied on. 6 In both the common law and the same statutes, the test veers away from placing the test for reasonable care entirely in the hands of…

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