| What is the value of professional opinion? The current medicolegal application of the "peer professional practice defence" in Australia. | |
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MedLine Citation:
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PMID: 21382000 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
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Under state laws, a medical practitioner will not be found negligent if they acted in a manner that was widely accepted in Australia, by a significant number of respected practitioners in the field, as competent professional practice in the circumstances. This is known as the "peer professional practice defence". The professional opinion being relied on must not be unreasonable (Victoria and Western Australia) or irrational (New South Wales and other states). The peer professional practice defence does not apply to claims of negligence arising from failure to warn patients about risks associated with medical treatment. This reinforces the importance of warning patients of material risks as determined by the High Court of Australia in Rogers v Whitaker. Recent cases demonstrate the successful operation of the peer professional practice defence, but also highlight its limitations. In practice, the legislation may not shield doctors from negligence claims as fully as originally intended. |
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Authors:
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Patrick D Mahar; Justin A Burke |
Publication Detail:
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Type: Journal Article |
Journal Detail:
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Title: The Medical journal of Australia Volume: 194 ISSN: 1326-5377 ISO Abbreviation: Med. J. Aust. Publication Date: 2011 Mar |
Date Detail:
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Created Date: 2011-03-08 Completed Date: 2011-05-17 Revised Date: 2011-09-02 |
Medline Journal Info:
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Nlm Unique ID: 0400714 Medline TA: Med J Aust Country: Australia |
Other Details:
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Languages: eng Pagination: 253-5 Citation Subset: IM |
Affiliation:
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Department of Surgery, The Alfred Hospital, Alfred Health, Melbourne, VIC, Australia. p.mahar@alfred.org.au |
Export Citation:
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APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
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Australia Defensive Medicine* / legislation & jurisprudence Humans Liability, Legal* Malpractice / legislation & jurisprudence* |
| Comments/Corrections | |
Comment In:
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Med J Aust. 2011 Jul 18;195(2):101
[PMID:
21770888
]
Med J Aust. 2011 Mar 7;194(5):219 [PMID: 21381988 ] |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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