Legal Disputes over Duties to Disclose Treatment Risks to Patients: A Review of Negligence Claims and Complaints in Australia.

Authors :: Bismark, Marie M.
Gogos, Andrew J.
Clark, Richard B.
Gruen, Russell L.
Gawande, Atul A.
Studdert, David M.
Source :: PLoS Medicine. Aug2012, Vol. 9 Issue 8, p1-6. 6p. 1 Diagram, 3 Charts.
Publication Year :: 2012
Abstract: The article discusses negligence claims and complaints in Australia relative to legal disputes over obligations in disclosing treatment risks to patients. It mentions the 1972 Canterbury v. Spence case which involve the failure of a surgeon in outlining clinical risks. It also notes that physicians particularly surgeons are frequently unsure which risk they should discuss with patients before treatment.

Subjects :: *ACTIONS & defenses (Law)
*THERAPEUTIC complications
*TORT liability of surgeons
*HEALTH risk assessment
*COMPLAINTS (Administrative procedure)

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