The History, Meaning and Present-Day Challenges of Medical (Informed) Consent

Thursday, 15 August 2024
Description

Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories

* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules

*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, Mediator, Michalson Mediation
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, Foley’s List
Ian Freckelton AO KC is a senior barrister and mediator in full-time practice throughout Australia. He was called to the Bar in 1988 and took silk in 2007. He is currently listed in Best Lawyers for Public Law and Doyle’s Guide for Administrative Law. He has recently also been listed by Doyle’s Guide for Criminal Law. He has appeared in many high profile cases throughout Australia and has an appellate, trial and advisory practice. Ian has been also a judge of the Supreme Court in Nauru and a member of nine administrative tribunals. He is a member of the Coronial Council of Victoria and was a long-time examiner for specialisation in criminal law for the Law Institute of Victoria. He is an elected Fellow of the Australian Academy of Law, the Australian Academy of Health and Medical Sciences, and the Australian Academy of Social Sciences, as well as the Australasian College of Legal Medicine. Ian is a Professor of Law and a Professorial Fellow in Psychiatry at the University of Melbourne and an Honorary Professor of Forensic Medicine at Monash University, Ian is the Editor of the Journal of Law and Medicine and the Founding Editor of Psychiatry, Psychology and Law. He is the author of approximately 50 books on evidence law, criminal law, coronial law, health law, research misconduct, and administrative law and is very widely internationally published - he is the author of over 750 articles and chapters of books. Recent books by Ian include Expert Evidence: Law, Practice Procedure and Advocacy (7th edn, Thomson Reuters, 2024); COVID-19: Law and Regulation (with Bennett and Wolf, OUP, 2023); and Public Health Law in Australia (with Bennett, Federation Press, 2023). He is also the editor of the 7 volume subscription service on Expert Evidence (Thomson Reuters). He is currently completing the second edition of his book on Coronial Law, Medicine and Practice (with Ranson) which is expected ted to be published by Thomson Reuters in 2024. In 2021 Ian was appointed an Officer (AO) of the Order of Australia for “distinguished service to the law, and to the legal profession, across fields including health, medicine and technology.”

OND2311N27Z1

The History, Meaning and Present-Day Challenges of Medical (Informed) Consent

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

Single Session
CPD Points 1
$160.00
$112.00
On Demand 20241015 20240815

On Demand

Register