All competent adults have the right to choose whether or not they will consent to medical treatment. This is based on the importance placed on the principle of a patient’s personal autonomy. With the exception of few circumstances, such as an emergency procedure, doctors cannot interfere with a patient’s personal autonomy until they receive informed consent to do so from that person.
With the age of driverless cars swiftly approaching, it is worth considering some of the possible issues and problems that may arise in regards to accidents and compensation claims.
It is often said that an injured person who makes a claim for compensation is required to take all reasonable steps to mitigate his or her loss. However, strictly speaking, that is inaccurate. An injured person is entitled not to do anything by way of treatment, rehabilitation or the like. There is no ‘duty’ to mitigate if the word ‘duty’ is understood to mean a legal obligation that one party owes to another party.
On 1 December 2017 the Motor Accident Injuries Act 2017 (NSW) came into force and replaced the compulsory third party motor accidents scheme under the Motor Accidents Compensation Act 1999 (NSW).
If you were injured in an accident and required the assistance of a solicitor to bring a claim, one of the first questions you would ask is “how much is my claim worth?” This is a natural question, but the answer isn’t always straight forward.
When treating any patient a doctor owes that patient a duty of care to ensure that the treatment they provide is to a reasonable standard of skill and care. When things don’t go according to plan and the treatment causes an injury, it can be difficult to determine whether it is as a result of negligent care or an acceptable outcome of the treatment provided. There is a fine line between whether a doctor was negligent in providing treatment and whether he/she has in fact provided reasonable care.