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- Title
NEGLIGENCE AND HEALTH INNOVATION: ISSUES WITH THE STANDARD OF CARE AND THE NEED TO REVISIT THE VOLUNTARY ASSUMPTION OF RISK.
- Authors
Stewart, Cameron; Eckstein, Lisa; Nicol, Dianne; Nielsen, Jane
- Abstract
This section examines current debates about the test for standards of care in negligence under the Civil Liability Acts in Australia, and how those debates may impact adversely on innovations in health care. It examines the recent history of attempts to define and regulate health innovation and compares them to judicial determinations from New South Wales that have potential to limit the protections otherwise afforded to competent professional practice. The section argues that, if those protections are eroded, alternative options to protect and encourage innovation should be explored, most especially a resuscitated defence of the voluntary assumption of risk.
- Subjects
NEW South Wales; AUSTRALIA; MEDICAL care laws; LEGISLATION; LEGAL liability; NEGLIGENCE; DIFFUSION of innovations
- Publication
Journal of Law & Medicine, 2022, Vol 29, Issue 2, p337
- ISSN
1320-159X
- Publication type
Article