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- Title
Is 'informed consent' a deceptive notion with negligible protection value for doctors?
- Authors
Berney, Christophe R.
- Abstract
The author discusses the legal value of detailed consent forms in medical practice and the Australian High Court case Rogers v. Whitaker in 1992. He examines how the Australian law on the Bolam principle underwent a profound change after the court ruled that the surgeon violated his duty of care by failing to inform his patient about the potential adverse effect of her eye surgery. He argues the need to define what would be considered as acceptable preoperative routine to avoid similar lawsuit.
- Subjects
AUSTRALIA; INFORMED consent (Medical law); AUSTRALIA. High Court; LEGAL judgments; ACTIONS &; defenses (Law); REASONABLE care (Law); OPHTHALMIC surgery complications; SURGERY practice; PHYSICIAN-patient relations -- Law &; legislation
- Publication
ANZ Journal of Surgery, 2013, Vol 83, Issue 4, p201
- ISSN
1445-1433
- Publication type
Article
- DOI
10.1111/ans.12092