Do doctors have to warn of risks?

Mar 28, 2023 | Publication

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 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.

If you have concerns about the care you received, it’s important to obtain legal advice from an accredited specialist in personal injury law. McAuley Lawyers has accredited specialists in personal injury law and acts on a no win no fee basis in relation to most personal injury matters.

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

Latest Insights

New Coercive Control Laws in NSW as of 1 July 2024

From 1 July 2024, coercive control will be a crime in NSW when a person uses abusive behaviours towards a current or former intimate partner with the intention to coerce or control them. The Crimes Legislation Amendment (Coercive Control) Act 2022makes it an...

Key Rules on Discovery Procedures for Prospective Defendants

Rules 5.2 and 5.3 of the Uniform Civil Procedure Rules 2005 (UCPR) provide essential guidelines on discovery aimed at identifying or locating prospective defendants. These rules are instrumental in the pre-litigation process, ensuring that applicants can gather...

5 Ways A Director Can Be Sued

Directors can be sued for all sorts of reasons.  Here are 5 of them. Reason #1: Insolvent Trading A director can be sued if the company he or she is a director of trades whilst insolvent.  A director has a duty to prevent the company trading and incurring...

7 Ways to Enforce a Judgment

After a judgment is obtained for an amount of money, there are numerous options open to a judgment creditor in relation to how to enforce the judgment (i.e. how to obtain the money which is owed pursuant to the judgment). Option #1: Issue a Bankruptcy Notice If the...

Who Can Bring a Compensation to Relatives Claim?

In the unfortunate event of a loved one's passing due to negligence or wrongful act, the Compensation to Relatives Act 1897 in New South Wales outlines the parameters for pursuing compensation on behalf of the deceased. Understanding who has the legal standing to...

10 Myths of Being Sued

If you or your business are sued, there are many myths about how the legal process will pan out.  Here are 10 myths about the legal process – all are incorrect. Myth #1: The matter will definitely go to a hearing Most matters settle before a Judge decides...