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Published on: January 31, 2017
Ultimate doctor liability: a myth of ignorance or myth of control?
Andrew Cashin1, Michael Carey, Ngaire Watson
1Southern Cross University School of Health and Human Sciences, Australia andrew.cashin@scu.edu.au
Abstract:
Ultimate medical doctor responsibility for the care delivered to patients by all professionals is a myth. Legally Lord Denning dismissed the myth in the mid-20th century in England. The assumption that a medical doctor is responsible for the care delivered by nurses has not existed in English and Australian law since that time, and it has been actively refuted. Yet it is a myth that continues to circulate influencing health service, state and federal health policy. For some it is a myth of ignorance and for others it is a means of control. This paper outlines the relevant case law to debunk the myth of ultimate medical doctor control.
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