Has informed consent finally arrived in Australia? A comment on the law following the decision of the High Court of Australia in Rogers v. Whitaker.
A struggle is going on all over the world between medical paternalism and patient autonomy. The battlegrounds include clinics, hospitals, academic settings and the courts. The High Court has awarded the most recent round, six to nothing, to autonomy, but the fight is by no means over. The judgements, the current law in Australia, and the implications for medical practice are discussed.
Pincus
R C
RC
Faculty of Law and Legal Practice, University of Technology, Sydney, NSW.
D000328:Adult; D001315:Australia; D002170:Canada; D017007:Duty to Warn / Q000331:legislation & jurisprudence; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence*; D010332:Paternal Behavior; D010817:Physician-Patient Relations; D012306:Risk; D014481:United States