fbpx
skip to Main Content

PAYMENT

PORTAL

PODCAST

Listen Now

We’re here to help

> Health & Medical Law > Medical Negligence

Consent to Treatment

In the eyes of the law, a person cannot consent to treatment unless they have been adequately informed about the risks. This is what is meant by the phrase “informed consent”. Cases that involve this issue are often referred to as “failure to warn” cases because there has been a failure to warn a patient of material risks with the treatment given.

Guidelines for practitioners

The National Boards for almost all health practitioners publish a Code of Conduct that indicates the standards expected generally in the profession including the expectations regarding informed consent. For instance, the amount of information expected to be given to patients by doctors is not only prescribed by the Medical Board of Australia’s code of conduct  but also by reference to the National Health and Medical Research Council’s:

  • General guidelines for medical practitioners on providing information to patients and
  • Communicating with patients: advice for medical practitioners 2004

What do I need to prove?

To successfully bring a claim against a health practitioner in this area, you must establish that:

  1. The health professional failed to warn you of a risk associated with the proposed treatment
  2. The risk was material (a reasonable person in the same circumstances would be likely to attach significance to the risk).
  3. Had you been warned, you would not have proceeded with the treatment. This will be affected by whether the treatment was elective or necessary and if there were any alternative treatments available.
  4. You proceeded with the treatment; the risk occurred and caused you injury

We're here to help you.

Make an enquiry to find out where you stand.

If you have questions, would like some more information about us or our services or simply want to speak to someone, make an enquiry and a member of our Health & Medical Law team will be in touch with you shortly. 

> what our clients say

“I thank you and your firm for the great work you did on my behalf. I am very satisfied with the results and am now looking forward to getting on with my life...

... thanks for your support and belief in my case and me.”

Medical Negligence Claim Resources

Back To Top
Search

Stay Informed

Would you like to hear from us with the legal issues and news that matters most to you?

Subscribing to Catherine Henry Lawyers monthly e-newsletter will provide you with access to expert articles, client stories, information resources, downloadable content and relevant updates on law changes that affect you and your loved ones.

Subscribe: