Papers on "Tort of Negligence and Patient Information" and similar term paper topics

Paper #099967 :: Tort of Negligence and Patient Information
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A case study presentation discussing the issues of consent and liability in the Australian medical field.

Written in 2007; 4,357 words; 14 sources; APA; $ 114.95

Paper Summary:

This paper discusses a shift in Australian law towards the rights of the patient as compared to medical standards or the expertise and discretion of the doctor. It focuses on how this shift has created a crisis of insurance and malpractice claims in Australia. The paper presents a hypothetical case study centered on a patient, Rhonda, advised to undergo surgery in order to investigate a possible malignancy situated near the spinal column. The paper then discusses the consent and liability issues that are associated with the case.

Table of Contents:
Introduction
Refusal versus Consent
If Consent was Given
The Hospital's Possible Liability
Defences against Rhonda's Possible Claims
Concluding Remarks

From the Paper:

"An obvious weakness in the Patient's Rights approach which demands that physicians produce all possible information regarding proposed procedures or treatments towards informed patient consent rests in matters of sheer information, the ability of the patient to interpret it, and with doctors relying on the research community as a kind of de facto alibi it is not meant to be in order to reduce their personal liability. One does see the room for sometimes ludicrous results in cases of routine procedures, not to mention in dealings with patients or their guardians of kinds apt to sue opportunistically. Despite altered tort law hoped to remove the worst effects of the medical indemnity and insurance crises it seems likely that conservatism may prevail, for some years, in Australian medicine. As in the U.S. and elsewhere affected by much litigation, a typical response on the part of doctors is to recommend treatments including surgery sparingly."

Tags: indemnity litigation physician

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