Ethics, Law, and Medical Practice

By Kerry J. Breen; Vernon D. Plueckhahn et al. | Go to book overview

the patient, including any friends or relatives the patient wishes to be involved. Encouraging discussion of the facts without attributing blame does not represent an admission of liability. If a doctor is uncertain that this is the correct approach in certain circumstances, advice should be sought urgently from the doctor's MDO.


REFERENCES

1 Breen v Williams ( 1994) 35 NSWLR 522.

2 Lanphier v Phipos ( 1838) 3 CUP 475 at 479 per Tindal CJ.

3 MacFarlane P. Health law--commentary and materials. Sydney: Federation Press, 1993:86.

4 R v Bateman ( 1925) 94 LJKB at 794 per Lord Hewart CJ.

5 Rogers v Whitaker ( 1992) 175 CLR 479.

6 Nathan H L N Lord. Medical negligence: being the law of negligence in relation to the medical profession and hospitals. London: Butterworth, 1957.

7 Bolam v Friern Hospital Management Committee [ 1957] 2 All ER 118 at 121 per McNair J.

8 Albrighton v Royal Prince Alfred Hospital [ 198012 NSWLR 542, 557-62.

9 Sidaway v Board of Governors of Bethlehem Royal Hospital [ 19851 AC 871.

10 F v R [ 1983] 33 SASR.

11 O'Shea v Sullivan, New South Wales Supreme Court ( 1994), Australian Torts Report 81-273 CCH.

12 Lowns v Woods, Procopis v Woods, New South Wales Court of Appeal, Unreported decision, 5 February 1996.

13 Lowns v Woods, Procopis v Woods, New South Wales Supreme Court, Unreported decision 9 February 1995.

14 Albrighton v Royal Prince Alfred Hospital [ 1979] 2 NSWLR 165-75.

15 Review of professional indemnity arrangements for health care professionals ( Australia). Compensation and professional indemnity in health care, Final Report. Tito F chair. Canberra: AGPS, 1995.

16 Wilson R M, Runciman WB, Gibberd R W et al. "'The quality in Australian health care study'", Med J Aust 1995, 163:458-71.

17 Leape L L, Brennan T A, Laird N et al. "'The nature of adverse events in hospitalized patients. Results of the Harvard medical practice study 11'". N Eng J Med 1991; 324: 377-84.

18 McNeil J J, Leeder S R. "'How safe are Australian hospitals?'" Med J Aust 1995; 163: 472-5.

19 McDonald G I. "'The quality in Australian health care study'" (letter). Med J Aust 1996; 164: 315-16.

20 Hawkins C. Mishap or malpractice. Oxford: Blackwell Scientific, 1985.

21 Medical Defence Association of Victoria, Annual Report 1994.

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