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Briefings

MEDICO-LEGAL BRIEFINGS

The below briefings and case studies highlight the importance of establishing an informed-consent process with patients

	Rogers v Whitaker and Chappel v Hart Download the famous High Court judgement of Rogers v Whitaker that altered healthcare practice in Australia. With comment and analysis by Dr Paul Nisselle, former AMA (Vic) president and Australasian Secretary of MIPS, and currently, Senior Consultant, Medical Protection Society, UK. The High Court case of Chappel v Hart considered related issues. Download here
	Informed consent and communicating information Ensuring that patients are provided with sufficient information to give informed consent may seem complex and does cause concern for practitioners. It may be helpful for the practitioner and patient to consider: What is the patient’s understanding of their illness or condition? What result are they looking for from this treatment? What is important to the patient and what are they willing to manage or compromise on? How would they manage a common outcome after treatment? Practitioners need to be aware of issues such as capacity, but at its core, the consent discussion is about having the conversation with the patient. By ensuring they understand patients’ needs, concerns and priorities, practitioners are better placed to give patients the information they need and together come to a shared decision about their treatment. Author: Georgie Haysom, Head of Research, Education and Advocacy and Dr Ushma Narsai, Medical Adviser, Avant, 14/08/2019 Resource: Avant Mutual Download here
	Complaints to regulators drive surgeons’ medico-legal matters Communication issues are a leading cause for complaint, as noted by the NSW Health Care Complaints Commission in its 2016 Annual Report: ‘although clinical care remains the largest allegation category, complaints about doctor-patient communication have increased more significantly than other categories, highlighting the importance of the doctor-patient relationship’. By Avant Media, 23/01/2017 Resource: Avant Mutual Download here
	Surgeon’s sound consent process key to victory in the Supreme Court A surgeon’s rigorous consent process and history taking were fundamental in defending a claim of negligence for failure to warn of risks to a patient undergoing a bilateral endoscopic thoracic sympathectomy. Author: Andrew Blandford, Special Counsel, Civil, Avant Law – Medical Defence Service, 02/05/2016 Resource: Avant Mutual Download here
	Patient education Medical Briefings 2012 New courses in law and ethics signal key changes Pre Admissions order form Patient education Medical Briefings 2012
	Patient Education Surgical Briefings 2011 Medicolegal pressures improve communications with patients Medical indemnity claims in Australia Pre admissions order form Patient Education Surgical Briefings 2011
	Patient Education Dental Briefings 2010 Patients need information about risks of pain Dental order form Essentials of Law for Health Professionals Patient Education Dental Briefings 2010
	Patient Education Surgical Briefings 2009 The duty to provide information to patients 12 guiding steps - when you should disclose a medical risk Pre admissions order form Ethics and the law for the health professionals Patient Education Surgical Briefings 2009
	Patient Education Dental Briefings 2008 Informed consent as an ethical principle The internet is not a patient education solution Dental order from Patient Education Dental Briefings 2008
	2006 Health Communications The Gold Standard in patient education Challenges in Health Communications Pre admissions order form Mi-tec Gold Standard Brochure 2006
	Patient Education Briefing 2005 Information before surgery has benefits for all Information and education for families shaped by educators Creating effective patient education in your practice You decide the role that patient education plays Patient Education Briefing 2005
	Patient Education Briefing 2004 Checklist for patient education Pamphlets improve patient satisfaction Communication improves outcomes The ABCs of quitting Education of patients a crucial role for nurses Patient Education Briefing 2004