Forum Discussion
Romla
7 years agoMember
Bernadette Richards from the Adelaide University Law school was brilliant but my goodness she talked fast and her slides belie the depth of her delivery. I am probably a bit biased as I have a legal background but I found her comments very interesting especially this piece from case law.
Rogers v Whitaker (1992) 175 CLR 479 “The law should recognise that a doctor has a duty to warn a patient of a material risk inherent in the proposed treatment; a risk is material if, in the circumstances of the particular case, a reasonable person in the patient’s position, if warned of the risk, would be likely to attach significance to it or if the medical practitioner is or should reasonably be aware that the particular patient, if warned of the risks would be likely to attach significance to it.”
I think the thrust of her delivery was the duty care attached to us all and this citation identified precedent for maybe medical negligence litigation.
Rogers v Whitaker (1992) 175 CLR 479 “The law should recognise that a doctor has a duty to warn a patient of a material risk inherent in the proposed treatment; a risk is material if, in the circumstances of the particular case, a reasonable person in the patient’s position, if warned of the risk, would be likely to attach significance to it or if the medical practitioner is or should reasonably be aware that the particular patient, if warned of the risks would be likely to attach significance to it.”
I think the thrust of her delivery was the duty care attached to us all and this citation identified precedent for maybe medical negligence litigation.