The History, Meaning and Present-Day Challenges of Medical (Informed) Consent
OND2311N27Z1
Description
Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories
* This is an interactive recording so that you can claim uncapped annual points from this type of activity
*Original content created November 2023
Chair: Patsi Michalson, Mediator, Michalson Mediation
The History, Meaning and Present-Day Challenges of Medical (Informed) Consent
- The History of Informed Consent
- Elements of informed consent
- Case law on this historically: Bolam, Rogers and Whitaker
- Does a doctor need to inform patients of alternative treatment options and the risks and benefits of each option?
- The nuances of consenting e.g., patient directly, substitute decision-makers, including family, Guardians, next of kin, where pt lacks capacity
- When to seek consent from Boards/Tribunals/Courts
Presented by Dr Ian Freckelton AO KC, Foley’s List
Presenters
Patsi Michalson
Patsi is experienced and culturally diverse mediator, lawyer and conflict resolution expert. Her focus is mainly on health law, including medical negligence disputes, insurance claims, disputes arising in the aged care space and the contest of Wills. Patsi practised law in South Africa for 20 years as a Barrister, becoming Senior Counsel in 2008. Her practice in personal injury, insurance, commercial and health law litigation and my work in family law provided valuable insights into how litigation and mediation operate side-by-side in offering different solutions to conflict. Since moving to Australia, she has re-trained as a solicitor and accredited as a mediator to fulfil Australian professional requirements. She also completed the Australian Institute of Company Directors examinations in 2019. Whilst doing so, she has also had the privilege of working with clinicians, patients and families in the public health space for nearly a decade. This work has provided an intersection with law firms, medical insurers, the HCCC, AHPRA and the Coroner's Court. She has also consulted and trained on a broad spectrum of issues in the health space, involving diverse difficult conversations, including Open Disclosure training for clinicians.
Dr Ian Freckelton AO KC
Ian Freckelton is an experienced King’s Counsel in full time practice as a barrister throughout Australia; a former judge of the Supreme Court in Nauru; a board and committee member; an investigator of allegations of misconduct; a professor of law, psychiatry and forensic medicine; a fellow of learned academies; a journal editor; a speaker at international gatherings; an author, editor and book reviewer; and a scholarly traveller. He has a particular expertise in the use of expert evidence in respect of technical areas of endeavour (medical, scientific, accounting and engineering) in litigation, and in health law generally. In 2019 and 2020 he was rated by Doyle’s Guide as among Victoria’s Leading Senior Counsel in Criminal Law. In 2021, 2022 and 2023 he was rated by Best Lawyers in Australia in Public Law and in 2021, 2022 and 2023 by Doyle’s Guide as a Leading Barrister in Australia in Administrative and Public Law. Dr Freckelton has a busy mixed trial, appellate and advisory practice in administrative law, disciplinary law, personal injury law, human rights law, criminal law and commercial law. His advocacy style is contemporary, assertive, highly researched and strategically nuanced to the forum in which he appears. His focus is upon addressing the full picture of disputes which bring clients to him for legal advice, recognising that law and litigation are just a part of the overall fabric of relationships that can lead people and entities into conflict. He has represented individuals and institutions in many significant and sensitive cases involving government instrumentalities. He has also appeared in many inquisitorial proceedings, including judicial inquiries/Royal Commissions and high profile coroners’ inquests. In addition, he has provided advice to persons and entities likely to be affected by parliamentary inquiries and investigations conducted by entities such as ASIC and anti-corruption bodies. Dr Freckelton has a particular interest in integrity issues and accountability – in government, in institutions such as local councils, universities and corporations, in research and in the giving of expert evidence. He is an expert in research misconduct and its legal repercussions. He has conducted inquiries into allegations/concerns about prominent figures and allegations of impropriety in relation to sensitive matters. Between 2017 and 2019 he was briefed to conduct an investigation into concerns about sexually inappropriate conduct on the part of the Melbourne Lord Mayor, Robert Doyle and in 2021 he conducted an inquiry into Victoria’s regulator of gambling. Between 2020 and 2021 he was Chair of the Counsel Committee of the Victorian Bar. In over three decades at the Bar, Dr Freckelton QC has appeared in leading cases across a wide range of legal areas in all States and Territories in Australia. He has also undertaken advisory work for cases in New Zealand, Singapore and Thailand. Between 2017 and 2023 Dr Freckelton was a part-time judge of the Supreme Court of the Republic of Nauru, principally dealing with judicial reviews and appeals.