Negligence and Standards of Care » Civil Liability

Guidelines and Policies

Patient Compensation and Medical Professional Indemnity Australia
Australian Medical Association
AMA Policy on Compensation and Medical Professional Indemnity.

Legislation

Civil Liability Act 2002 NSW
Limits circumstances in which people can sue for compensation for injuries and the amount that they can recover.

Limitation Act 1969 NSW
Provides a limitation on the time in which a person may bring a claim.

National Injury Insurance Scheme (NIIS) Cth
A no-fault insurance scheme for catastrophic injuries. The NIIS will provide lifetime care and support to people who are newly affected by a catastrophic injury as a result of motor vehicle accidents, medical treatment accidents, workplace accidents, and general accidents occurring in the home or community.

Cases

Breen v Williams (1996) 186 CLR 71 Cth
A patient who has suffered injury or loss caused by a doctor’s wrongful act can sue for breach of contract. Doctor’s duty in this respect is to treat the patient with reasonable care and skill.

Papers, Reports and Books

Effects of Tort Law Reform on Medical Liability
(2005) Australian Law Journal 79:345
Authors: Loane Skene and Harold Luntz
Outlines the Tort Reform Changes in Australian in the first few years of the new millenium.

Good Samaritans
(liability of negligent good samaritans including examination of legislation in all states)
Sara Bird
Australian Family Physician
37(7) 2008

Law and Medical Practice: Rights, Duties, Claims and Defences (3rd Ed)
Author: Loane Skene
Handbook and education resource for both medical and legal professionals on law as it relates to medical practice.

Personal Injury
(including by medical negligence)
State Library of NSW
Legal Information Access Centre

The Australian Medico-Legal Handbook
Authors: Cameron Stewart, Ian Kerridge, Malcolm Parker
A handbook with accompanying PDA software is a practical resource for medical professionals, JMOs, students and nurse practitioners giving answers to most frequently asked legal questions arising in medical practice complete with case examples and references.

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