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Informed consent and performance data: clinician experience as a material risk
McWhirter, R 
ORCID: 0000-0002-9409-8074 2017
, 'Informed consent and performance data: clinician experience as a material risk'
, University of New South Wales Law Journal, vol. 40, no. 2
, pp. 566-589
.
ORCID: 0000-0002-9409-8074 2017
, 'Informed consent and performance data: clinician experience as a material risk'
, University of New South Wales Law Journal, vol. 40, no. 2
, pp. 566-589
.
Full text not available from this repository.
Official URL: http://www.unswlawjournal.unsw.edu.au/past-issue
Abstract
In Australia, as in other common law jurisdictions, the doctrine of informedconsent has developed from the principle that individuals have a right to decidefor themselves whether or not to undergo medical treatments.1 The personalautonomy of the patient is facilitated by the provision of information by theirmedical practitioner. While a description in broad terms of the procedure to beperformed is sufficient to establish valid consent – and to avoid the tort oftrespass to the person – more information may be required to satisfy the doctor’sduty to warn of a material risk, and to negate a claim of negligence.2
| Item Type: | Article |
|---|---|
| Authors/Creators: | McWhirter, R |
| Keywords: | medical litigation, surgical performance data, informed consent, torts, negligence, material risk |
| Journal or Publication Title: | University of New South Wales Law Journal |
| Publisher: | University of New South Wales * Faculty of Law |
| ISSN: | 0313-0096 |
| Copyright Information: | Copyright 2017 UNSW Law Journal |
| Related URLs: | |
| Item Statistics: | View statistics for this item |
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