TweetThis paper examines the contemporary challenges with the doctrine of informed consent ‘Doctrine’ and its application in the vaccination program of the Australian Government. In order to understand the challenges, we must first understand the background of the development of the Doctrine. The Doctrine commenced with the seminal Schloendorffdecision, where it was held the need […]
TweetIt is clear already there is a legal requirement to advise patients of all material risks associated with vaccines and to obtain valid informed consent. However, there is an equally a legal duty to disclose a suspected adverse event which has occurred in the course of treatment. If a parent brings a child in for a vaccine, and […]
The Family Court Act1 provides that the Court must consider the best interests of the Child at all times, when exercising this legislative authority, s.60CA2 the Act states: In deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration. How a court determines what is in a child’s best interests is outlined in Section 60(CC)3, this paper will examine the position of the Court when it acts as a parent, therefore 60(CC) Sub Section 2(b)4 is not invoked, meaning that there is no suggestion in this scenario of the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence, just an ordinary loving home, perhaps with parents who can not agree on this issue and need the Court to decide.
the defendant must adduce proofs that raise a “more probable than not” inference in favour of what it urges; there must be a reasonable and definite inference available on the whole of the evidence; there must be something more than conflicting inferences of equal degrees of probability. And in assessing whether the defendant has satisfied its obligation, the Court must take into account the gravity of the matters alleged….
The appellant and the respondent were involved in an altercation in the gaming room at the Parramatta Leagues Club. The respondent suffered a fracture to the right orbit and psychiatric injury in the form of post-traumatic stress disorder. The appellant was the subject of criminal charges in relation to the assault on the respondent. He entered a guilty plea and had a good behavior bond imposed pursuant to s9 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
The Civil Case for Damages
After admitting guilt in the Criminal trial, the victim now initiated a Civil Claim for damages. …
Without consent there is no “Doctor-Patient” relationship in law.
The Informed Consent Doctrine is the cornerstone of the Doctor-Patient relationship. It has altering the attitudes of a new generation of Doctors towards their patients, and its requirements are now reflected in consent forms that heath care institutions require patients to sign upon admission and before various procedures are performed.
Setting the Boundaries for the Doctor-Patient Relationship…..
There is an interesting matter that I have been confronted with.
A patient goes to see a Medical Practitioner (who is a Doctor registered with the Australian Medical Board) about obtaining the Doctors written recommendation as to the start date for a treatment program to begin for her son.
In this case there were multiple injections involving 11 different types of medication that would be injected into the body of the 18 month old child. The mother was concerned about a scientific report she read in the The New England Journal of Medicine (NEJM) which is a weekly medical journal published by the Massachusetts Medical Society. It is among the most prestigious peer-reviewed medical journals as well as the oldest continuously published one.
The Doctor would not give her opportunity to discuss science and shut her down saying “we are not obliged to provide scientific evidence as per legal advice (Citing name of Insurer). So now that science was off the table in things to discuss, the Doctor then discussed the risk versus benefit of the treatment, saying things can go wrong, allergic and other reactions can occur however these risks are accepted by the Australian Government who approved the treatment through the Therapeutic Goods Administration and “mainstream medical literature” says the risks are “vastly outweighed by the potential benefits.”
OPCA theorists often insist that THE UNIFORM COMMERCIAL CODE is some sort of “international law” that applies to every nation that trades with the United States, but this is completely false.
If you have been charged with an internet, computer stalking offence you need to speak with a Criminal Lawyer immediately. Don’t take chances with your reputation, future or livelihood. If you have been arrested for a computer related crime talk to a Criminal Defence Lawyer before you agree to a police interview. This could be the difference to your out come in court.
In Civil Proceedings where the wrongdoer is causing you damage and if you were to initiate regular court proceedings it would be futile as they would destroy the evidence soon as they found out you were taking action. This could be in situations of partnership break downs in business or personal life, in cases where there is theft of intellectual property or financial records involved, or it may be used in cases where things like cyber crimes are being committed and the proof you need could easily be erased.