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- Title
MEDICAL NEGLIGENCE, CAUSATION AND LIABILITY FOR NON-DISCLOSURE OF RISK: A POST-WALLACE FRAMEWORK AND CRITIQUE.
- Authors
CARVER, TRACEY; SMITH, MALCOLM K.
- Abstract
The article focuses on medical negligence, causation and liability laws in Australia with reference to the Australia High Court case Rogers v. Whitaker that imposed an obligation upon medical practitioners regarding disclosure of all material risk to patients. Topics discussed include the High Court decision in case Wallace v. Kam based on the non-disclosure of risk based on the causation provisions of the civil liability legislation and medical negligence claims.
- Subjects
AUSTRALIA; MEDICAL malpractice; MEDICAL malpractice -- Law &; legislation; NONDISCLOSURE -- Law &; legislation; AUSTRALIA. High Court; CIVIL liability laws; ACTIONS &; defenses (Law)
- Publication
University of New South Wales Law Journal, 2014, Vol 37, Issue 3, p972
- ISSN
0313-0096
- Publication type
Article