Medical treatment:

Medical treatment is defined by the Medical Treatment Act (1988) as the carrying out of an operation or the administration of a drug or other like substance or any other medical procedure (excluding palliative care). Medical treatment may be administered for various reasons ranging from minor supplements to major operations. Some examples of medical treatments include:

• Resuscitation;
• Chemotherapy;
• Massage;
• Physiotherapy;
• Transfusion;
• Immunisation;
• Pain relief;
• Antipsychotic medications; and
• Various other Medical Treatments.

Generally, to provide or perform medical treatment the patient is required to consent. However, determining whether consent is capable of being given or is given validly, is affected by:

• The mental health of the patient (ie do they have the capacity to understand the effect of the medical treatment and what it involves);
• The age of the patient;
• Whether sufficient information about the proposed medical treatment has been given to the patient;
• Whether consent was given under duress eg from a family member.

Consent to medical treatment usually applies with respect to non-urgent medical treatments. In the event of an emergency, consent may be requested of an appointed guardian or next of kin. Alternatively, consent is not required if a patient is ordered by the Court or Tribunal to undergo the medical treatment.

Medical treatment is usually prescribed or performed where it is in the patient’s best interests. However, in some instances, the incorrect medical treatment may be given causing injury or death.  

If you have concerns or issues relating to the medical treatment you have received, you are presently receiving or a person you care for has received or continues to receive, it is vital that you contract a Medical Lawyer. At Navado, we understand that when it comes to our health it is important to be in the right care that is why we urge persons with Medical Treatment issues to contact us to ensure the correct Medical Treatment is provided and to ensure any time limits and/or effects are addressed.

If you wish to speak with one of our Medical Lawyers, 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.