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Australian Medical Liability is a comprehensive handbook focusing on medical liability in the context of the civil liability legislation across Australia. This thoroughly revised second edition by Bill Madden and Janine McIlwraith, provides a detailed and in depth commentary on the elements of medical liability legislation. Australian Medical Liability follows the structure of a medical negligence claim through duty, breach and causation, ensuring its practicality as a resource for the busy practitioner and the interested student.
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In addition to incorporating those key case decisions that have been handed down since the first edition, this second edition of Australian Medical Liability includes new chapters on apologies, good samaritans, intoxication, and contributory negligence. The loss of chance chapter has been rewritten to reflect changes to the law following recent High Court authority. Features. One stop reference for legislation and case law on medical liability in Australia. Specialist text specifically dealing with medical liability law.
Includes flow charts, timelines and mind maps. Written by highly respected medical liability lawyers Related LexisNexis Titles Derrington & Ashton, The Law of Liability Insurance, 2nd ed, 2013 (forthcoming title) Douglas, Mullins & Grant, LexisNexis Annotated Acts: Annotated Civil Liability Legislation - Queensland, 3rd ed, 2012 Skene, Law and Medical Practice: Rights, Duties, Claims and Defences, 2008.
Part A - Introduction 1. Introduction to and framework of Australian Medical Liability Part B - Duty 2. Duties regarding informed consent 3.
Duties regarding treatment 4. Duties to non-patients and third parties 5. Duties to disclose error 6. Vicarious liability and non-delegable duties Part C - Breach 7. Breach of duty in informed consent cases 8. Breach of duty in treatment cases 9.
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Breach of duty in treatment cases - case examples 10. Public authorities 11.
Apologies 12. Good Samaritans 13. Intoxication 14. Contributory negligence Part D - Causation 15. Causation in informed consent cases 16.
Causation in treatment cases 17. Loss of Chance Part E - Special categories 18. Wrongful birth claims 19. Intentional torts.