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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Australian Medical Liability 2nd ed

ISBN13: 9780409333282
Published: February 2013
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: £125.00

Low stock.

Australian Medical Liability is a comprehensive handbook focusing on medical liability in the context of the civil liability legislation across Australia. This thoroughly revised second edition by Bill Madden and Janine McIlwraith, provides a detailed and in depth commentary on the elements of medical liability legislation. Australian Medical Liability follows the structure of a medical negligence claim through duty, breach and causation, ensuring its practicality as a resource for the busy practitioner and the interested student.

In addition to incorporating those key case decisions that have been handed down since the first edition, this second edition of Australian Medical Liability includes new chapters on apologies, good samaritans, intoxication, and contributory negligence. The loss of chance chapter has been rewritten to reflect changes to the law following recent High Court authority.


  • One stop reference for legislation and case law on medical liability in Australia
  • Specialist text specifically dealing with medical liability law
  • Includes flow charts, timelines and mind maps
  • Written by highly respected medical liability lawyers

Other Jurisdictions , Australia
Part A - Introduction
1. Introduction to and framework of Australian Medical Liability

Part B - Duty
2. Duties regarding informed consent
3. Duties regarding treatment
4. Duties to non-patients and third parties
5. Duties to disclose error
6. Vicarious liability and non-delegable duties

Part C - Breach
7. Breach of duty in informed consent cases
8. Breach of duty in treatment cases
9. Breach of duty in treatment cases - case examples
10. Public authorities
11. Apologies
12. Good Samaritans
13. Intoxication
14. Contributory negligence

Part D - Causation
15. Causation in informed consent cases
16. Causation in treatment cases
17. Loss of Chance

Part E - Special categories
18. Wrongful birth claims
19. Intentional torts