Lexis Nexis yesterday kindly added the fourth edition of our book, Australian Medical Liability, to their online store. The paperback version is available for pre-order now (10% discount, delivery in April) with the ebook version to follow. (More information follows this strangely large image of the book cover.)
As before Janine McIlwraith, Benjamin Madden and I are very grateful for the support of Lexis Nexis and for the suggestions and comments provided for the book by a number of barristers and solicitors who are listed in the preface and individual chapters.
This fourth edition of Australian Medical Liability was mostly written during 2020, a difficult year that provided many challenges for the medical profession, the legal profession and of course for society as a whole in the context of the Covid-19 pandemic.
As before, the book seeks to provide a comprehensive overview of medical liability law in Australia with some international comparisons where useful. The civil liability legislative framework remains central to the book’s analysis. Despite it now being almost 20 years since the civil liability legislation came into effect, judicial interpretation of it in many new cases provides further insights into its effects; these have been incorporated in this fourth edition.
Some topics incidental to medical liability law are again addressed, including confidentiality, expert evidence, professional conduct and the role of the Coroner in deaths following medical treatment.
The chapter list is copied below:
- Framework of ‘Australian Medical Liability’
- Consent to Medical Treatment and Trespass to the Person
- Duties Regarding Provision of Information
- Duties Regarding Treatment
- Duties to Non-Patients and Third Parties
- Duties to Disclose Error
- Vicarious Liability and Non-Delegable Duties
- Breach of Duty in Information Cases
- Breach of Duty in Treatment Cases
- Breach of Duty in Treatment – Case Examples
- Public Authorities
- Good Samaritans
- Contributory Negligence
- Causation in Information Cases
- Causation in Treatment Cases
- Loss of Chance
- Wrongful Birth Claims
- Intentional Acts with Intent to Cause Harm, Sexual Assault and Sexual Misconduct
- Confidentiality and Litigation
- Expert evidence
- Professional Conduct
- Medical Liability and the Coroner