Duties to the patient and beyond: where is the line drawn?
The decisions in two recent Australian cases, emphasize the tendency for the Courts to place weight on the reliance of patients and others, to act on the advice provided by practitioners. In doing so, the duty of the practitioner to his or her patient has been extended to include third parties such as the patient's sexual partner and the patient's parents. Additionally, the decisions have shown that practitioners need to maintain a level of knowledge in the provision of advice expected of a professional as patients rely heavily on the information provided by the practitioners. This may include information that is available on the Internet.
Lok
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Minter Ellison Law firm, Perth, Western Australia. vanessa.lok@edwardsthompson.com.au
D000970:Antineoplastic Agents; D003951:Diagnostic Errors / Q000331:legislation & jurisprudence; D005260:Female; D015658:HIV Infections / Q000175:diagnosis; D006801:Humans; D016365:Liability, Legal; D008297:Male; D008318:Malpractice / Q000331:legislation & jurisprudence*; D008508:Medication Errors / Q000331:legislation & jurisprudence; D009517:New South Wales; D010290:Parents; D010819:Physician's Role; D010817:Physician-Patient Relations; D012747:Sexual Partners; D014904:Western Australia
D000970:Antineoplastic Agents