Recent developments in the standard of care in medical negligence cases
Tina Cockburn1, Bill Madden1, Australian Centre for Health Law Research Brisbane 1Australian Centre for Health Law Research, Brisbane, Queensland, Australia
Abstract
Recent decisions in the United Kingdom, including McCulloch v Forth Valley Health Board [2023] UKSC 26 and Bilal & Anor v St George’s University Hospital NHS Foundation Trust [2023] EWCA Civ 605 raise interesting issues in the context of the determination of the standard of care relating to the identification and provision of advice about reasonable alternative treatment options and the communication of information about material risks of treatment. This presentation will discuss the recent English decisions and consider the implications (if any) for Australian law.
Biography
Tina Cockburn is a Professor of Law in the School of Law, Faculty of Business and Law at the Queensland University of Technology, Director of the Australian Centre for Health Law Research (ACHLR) and co-program lead of the Planning for Healthy Ageing program in ACHLR.
Bill Madden is a solicitor in private practice with over 30 years of extensive civil liability litigation experience, in the areas of medical negligence and institutional abuse law. He is an Adjunct Professor of Law at the Australian Centre for Health Law Research.