Tag: medical law
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Teenagers refusing life-saving cancer treatment for religious reasons
Should courts allow minors (<18 years) to refuse life-saving medical treatment for religious reasons? My students don’t all agree that respect for the personal autonomy of a minor who fully understands the consequences of their decision, is all that matters. But many of them do.
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How old’s too old to be a doctor? Why GPs and surgeons over 70 may need a health check to practise
Surging complaints against older doctors has prompted the Medical Board of Australia to propose reforms for this cohort. But haven’t we moved on from set retirement ages? And would this amount to discrimination?
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Legislative restrictions on irreversible surgery on intersex children in the ACT: An unsurprising development?
Over a number of decades, personal autonomy has become a dominant value in Australian medical law. Yet, as new legislation restricting intersex interventions illustrates, the content of personal autonomy is subtly changing.
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Proving the “competent professional practice” defence in NSW: Is the law any clearer after Dean v Pope?
Background A health practitioner who is sued for negligence in NSW will avoid liability under s 5O(1) of the Civil Liability Act 2002 (NSW) “if it is established that the professional acted in a manner that (at the time the service was provided) was widely accepted in Australia by peer professional opinion as competent professional…
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Sparks v Hobson must go to the High Court: here’s why
In NSW, Section 5O of the Civil Liability Act provides a defence to a doctor or health professional who is defending a negligence claim. Under s 5O, a person will not be liable “if it is established that the professional acted in a manner that (at the time the service was provided) was widely accepted…
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Announcement: Sydney Law School, QUT combine in hosting health law masterclass
Sydney Health Law, the focal point for health law teaching and research at Sydney Law School, and the Australian Centre for Health Law Research at QUT, are co-hosting a health law masterclass at Sydney Law School on Friday 6 October, 9.00am-4.00pm. Click here for registration, and a preview of the program and of the presenters.…