Australian Medical Liability - LexisNexis

Research Solutions
Australian
Medical Liability
Bill Madden &
Janine McIlwraith
NEW
TITLE
A must have, practical reference
source book and commentary
for all legal practitioners interested in
the law of medical negligence.
Tort law in Australia can no longer be regarded as largely
a common law field. Following the Review of the Law of
Negligence and the associated tort law reforms of 2001-2003,
a legislative civil liability framework is now well entrenched.
As a result, Australian personal injury law is arguably more
diverse and complex between jurisdictions and it is not yet
certain that the full impact of the legislation has been felt.
Whilst there remains a substantive role for the common law,
the authors have recognised the importance of the civil liability
legislation and have used the legislation as a foundation and
framework for their analysis of the Australian legal framework
relevant to the civil liability of medical and like practitioners.
Table of Contents
Part A – Introduction
1. Introduction to Australian Medical Liability &
the civil liability regime
Part B - Duty
2. Duties regarding informed consent
3. Duties regarding treatment
4. Duties to third parties
5. Duty to disclose error
6. Vicarious liability & non-delegable duties
Part C - Breach
7. Breach of duty in informed consent cases
8. Breach of duty in treatment cases
9. Special protections
Part D - Causation
10. Causation in informed consent cases
11. Causation in treatment cases
12. Loss of chance cases
13. Contributory negligence
Part E – Special categories
14. Wrongful birth claims & damages
15. Intentional torts
Important Features
• Comprehensive – focuses on and addresses only
medical liability in the context of the various
Australian jurisdictions.
• The Australian Civil Liability Acts are used as a
foundation for analysis.
• Written by lawyers who practice in medical liability,
for lawyers who practice in medical liability.
About the Authors
Bill Madden and Janine McIlwraith are experienced
practitioners in the area of medical liability law who have also
written and published extensively in this area.
Related Titles
• Douglas, Mullins & Grant, Civil Liability Australia (looseleaf
& online)
• Douglas, Mullins & Grant, The Annotated Civil Liability Act
2003 (Qld), 2 nd edition, 2008
• Skene, Law and Medical Practice, 3 rd Edition, 2008
• Australian Health Law Bulletin (Newsletter)
• Australian Civil Liability (Newsletter)
Publication Date: October 2008
Soft Cover ISBN: 9780409324754
Price: $149.00* (incl. GST)
*Price subject to change
© 2008 Reed International Books Australia Pty Ltd trading as LexisNexis. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc. and used under license ABN 70 001 002 357.

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© 2008 Reed International Books Australia Pty Ltd trading as LexisNexis. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc. and used under license ABN 70 001 002 357.