In the past decade, both English and Australian courts have adopted a more patient centred standard in deciding what risks doctors must disclose to patients. Yet, in Australia many doctors still do not understand their legal duties and many are being held liable for their failure to inform, argue Loane Skene and Richard Smallwood in this week’s BMJ. They suggest that there are probably lessons here for Britain, and other countries with similar legal systems.
Recent judgements in both English and Australian courts suggest that judges are moving away from accepting what “a reasonable body of doctors” might do to supporting what “a reasonable patient” might expect. This practice is part of a wider social movement in both countries to give greater weight to individual rights, and professional bodies in each country have issued guidelines to help explain the law to doctors.
Yet, despite these guidelines, and several high profile negligence cases in Australia, a recent survey of doctors in Victoria and Tasmania found that many still did not know, or misunderstood, their legal obligations.
A similar survey of British doctors’ knowledge and practice might be useful, say the authors. The Australian experience suggests that there is still much work needed to minimise future litigation and promote patient care, they conclude.