Melbourne Law School - Research Publications

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Start date: 2000 × End date: 2008 × Author: Skene, Loane × Author: Smallwood, Richard ×

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    Informed consent: lessons from Australia
    SKENE, LOANE ; SMALLWOOD, RICHARD ( 2002-01)
    This paper discusses recent English and Australian law on the legal duty of doctors to inform patients about risks associated with proposed medical procedures in order to obtain the patient’s ‘informed consent’ to undertake the procedure. Australian courts since Rogers v Whitaker have rejected the ‘Bolam test’ (accepted medical practice) and have applied a more patient-centred test. Table 1 in the paper gives specific examples from recent Australian cases of medical risks that courts have ruled must be disclosed. The National Health and Medical Research Council (NHMRC) has also published General Guidelines for Medical Practitioners on Providing Information to Patients, (1993). However, an empirical study described in the paper found that many doctors appear not to understand their legal duty to inform patients: see Table 2. Not surprisingly, a significant number of doctors are still being held liable for negligent failure to inform.