| Consent in the 90's. | |
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MedLine Citation:
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PMID: 9409137 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
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Patients consent to surgical procedures is a universal issue in medical law. The legal position in Australia, because it falls somewhere between the North American doctrine of "informed consent", and the Bolam test in the United Kingdom, will be of interest to all clinicians and legal practitioners dealing with these issues. The High Court of Australia's decision in Rogers v Whitaker (1992) 109 ALR 625 is now the leading decision regarding of consent to surgical procedures in Australia. The author draws a thumbnail sketch of the law in Australia, and discusses some loopholes in the legal structure established by the Australian High Court. The author supports the view taken by the High Court of Australia, and provides some material to contest the allegation made by clinicians that lawyers in Australia are in some way responsible to "opening the floodgates" for an increase in legal claims by patients. |
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Authors:
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J Molnar |
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Publication Detail:
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Type: Journal Article |
Journal Detail:
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Title: Medicine and law Volume: 16 ISSN: 0723-1393 ISO Abbreviation: Med Law Publication Date: 1997 |
Date Detail:
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Created Date: 1998-02-04 Completed Date: 1998-02-04 Revised Date: 2008-11-21 |
Medline Journal Info:
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Nlm Unique ID: 8218185 Medline TA: Med Law Country: SOUTH AFRICA |
Other Details:
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Languages: eng Pagination: 567-79 Citation Subset: E; IM |
Export Citation:
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APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
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Adult Australia Child General Surgery / legislation & jurisprudence* Humans Informed Consent / legislation & jurisprudence* Patient Education as Topic / legislation & jurisprudence |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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