Duty Of Care For Medical Practitioners Essay

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Duty of care: In Australia the law imposes a duty on a medical practitioner to a patient, which is a single obligation to exercise both reasonable care and skill in the field which the specific practitioner would be called upon to exercise their skill and judgment. 1 2 A surgeon may even be negligent in cases where a patient has received injuries from surgery where the injury hadn’t occurred due to an error in treatment by the surgeon or surgeons. Normally these treatments, even if the standard of care were exemplary would still retain the probability of damage occurring. () In these cases, the surgeon would be negligent only if the patients weren’t properly informed on the potential adverse affects of the surgery, prior to.... 3 Standard of care test: The traditional test utilised to determine the stand of care for medical practitioners was the Bolam Test where the standards were determined by the consensus of medical practitioners. 4 This is largely mirrors in our legislation which states that no duty is in breach if the action or inaction which caused the harm was widely accepted by a significant number of peer professional practitioners during the time of the action or inaction. 5 Furthermore, the mere evidence of differing peer professional opinions widely accepted by a significant number of respected practitioners in the field concerning a matter does not prevent any of the opinions being relied on. 6 However, in recent decades Australia both in common law and
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