Consent in the 90's

Patients consent to surgical procedures is a universal issue in medical law. The legal position in Australia, because it falls somewhere between the North American doctrine of "informed consent", and the Bolam test in the United Kingdom, will be of interest to all clinicians and legal practitioners dealing with these issues. The High Court of Australia's decision in Rogers v Whitaker (1992) 109 ALR 625 is now the leading decision regarding of consent to surgical procedures in Australia. The author draws a thumbnail sketch of the law in Australia, and discusses some loopholes in the legal structure established by the Australian High Court. The author supports the view taken by the High Court of Australia, and provides some material to contest the allegation made by clinicians that lawyers in Australia are in some way responsible to "opening the floodgates" for an increase in legal claims by patients.