When practising fails to make perfect: medical treatment and battery

Devereux, J. A. (2013) When practising fails to make perfect: medical treatment and battery. Tort Law Review, 21 3: 120-126.

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Name Description MIMEType Size Downloads
Author Devereux, J. A.
Title When practising fails to make perfect: medical treatment and battery
Journal name Tort Law Review   Check publisher's open access policy
ISSN 1039-3285
Publication date 2013
Year available 2013
Sub-type Article (original research)
Volume 21
Issue 3
Start page 120
End page 126
Total pages 7
Editor John Devereux
Place of publication Rozelle, NSW, Australia
Publisher Lawbook Co.
Collection year 2014
Language eng
Subject C1
180126 Tort Law
Abstract The advent of the Civil Liability Acts has caused a re-examination of the utility of the battery action. No cause of action in battery can proceed where a patient has given consent to "the nature of the treatment", but there is considerable uncertainty as to exactly what this amounts to. Nowhere is this uncertainty more obvious than in the situation where the person providing the treatment is not a medical practitioner or, if he or she is, where the practitioner provides treatment not for a medical purpose but for some other reason. This article reviews the case law and suggests that its apparent contradictions can be reconciled, but only by redefining the focus of battery.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2014 Collection
TC Beirne School of Law Publications
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Created: Mon, 16 Dec 2013, 16:06:00 EST by Carmen Buttery on behalf of T.C. Beirne School of Law