Duty of doctors to warn of risks

Medical practitioners owe patients a duty to exercise reasonable skill and care in the provision of professional advice and treatment. This duty extends to the provision of information.

Doctors must warn patients of material risk inherent in the proposed treatment. A material risk is one that a reasonable person in the patient’s position would attach significance to.

At McAuley Hawach Lawyers we have experience in medical negligence cases involving medical practitioners failing to warn patients of risks.

We have been involved in a case, where the doctor failed to warn of the material risk associated with the proposed spinal surgery. Had our client been warned of the risk which in fact did eventuate, our client would not have proceeded with the surgery.  Fortunately for our client we were able to obtain compensation.

Prior to any surgery or treatment you should ensure that you have been fully informed of the associated risks. Be sure to read very carefully any “consent to treatment” forms.

By Bernard McAuley, Solicitor

McAuley Hawach Lawyers

11 Fennell Street, Parramatta NSW 2124

Telephone: (02) 9633 1826

Facsimile: (02) 9687 8114 (02) 9687 8114

Web: www.mcauleyhawach.com.au

Email: reception@mcauleyhawach.com.au

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