Australian medical liability / by Bill Madden, Janine McIIwraith, Benjamin Madden.

Chatswood, N.S.W. : LexisNexis Australia, 2021.

4th edition

198884

Medical care -- Law and legislation -- Australia.

Medical laws and legislation -- Australia.

Medical personnel -- Malpractice -- Australia.

Liability (Law) -- Australia.

1. Framework of 'Australian medical liability'

2. Consent to medical treatment and trespass to the person

3. Duties regarding provision of information

4. Duties regarding treatment

5. Duties to non-patients and third parties

6. Duties to disclose error

7. Vicarious liability and non-delegable duties

8. Breach of duty in information cases

9. Breach of duty in treatment cases

10. Breach of duty in treatment - case examples

11. Public authorities

12. Apologies

13. Good samaritans

14. Intoxication

15. Contributory negligence

16. Causation in information cases

17. Causation in treatment cases

18. Loss of chance

19. Wrongful birth claims

20. Intentional acts with intent to cause harm, sexual assault and sexual misconduct

21. Confidentiality and litigation

22. Expert evidence

23. Professional conduct

24. Medical liability and the coroner.

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. - Publisher's website.

Previous edition: 2017.

Includes bibliographical references and index.

9780409352504

xxxviii, 506 pages : illustrations ; 24 cm