Duty of Care:

Professionals usually owe a duty of care to their clients or patients. A duty of care is a legal obligation to ensure the safety of others.

With regards to Medical Law and Mental Health Law, a duty of care by Health Practitioners is the way in which Health Practitioners exercise their skill and judgement in the care of their patients. Heath Practitioners are required to care for their patients and meet the standard of care reasonably expected in the specific circumstances.  The Health Practitioner’s duty of care applies to each of the following:

• Confidentiality and privacy of records;
• Examination and assessment;
• Diagnosis;
• Treatment;
• Prognosis;
• Advice, especially advice about various treatment options including the risks, prospects of success and direct/indirect consequences of such treatment;
• Hygiene and procedures for reducing the risk of cross contamination/infection.

Although many people believe that a duty of care is only owed to a patient by their doctor or specialist, it is important to note that other health professionals, assistants, trainees, administration staff, other associated employees and the facility (hospitals, surgeries, aged care facilities, amongst others) may also have a duty of care to the patient.

If you are a Health Practitioner or an associated employee and you do not understand your duty of care obligations, our Medical Lawyers can discuss with you your role in the Health profession and provide you with legal advice regarding the duty of care owed to your patient and other related obligations. If you are concerned about a potential breach of your duty of care, we can review the circumstances and advise you of the standard of care to which you would have been expected to meet and your prospects of defending a claim for a breach of the duty of care.

If you are a patient or you are calling on behalf of a patient and you have concerns about a Health Practitioners’ standard of care, we recommend you speak with one of our Mental Health Lawyers and Medical Lawyers to discuss your concerns and if necessary, discuss any further action.

We invite you to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.