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.

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