Failure to obtain consent / maintain appropriate records

Woollard v Medical Board of Australia [2016] WASCA 151 is an appellate decision arising from an earlier dismissal of an application for judicial review.

The background facts mostly concerned assertions of failure to obtain and record informed consent from the patient for coronary angioplasty. The appellant argued, unsuccessfully, that the primary judge erred in law by failing to grant certiorari on the basis of the (alleged) inadequacy of the Panel’s reasons for decision.

The  appellate decision noted the effect of the National Law in relation to the Good Medical Practice code of conduct (at [30]) such that a code approved by a National Board is admissible in proceedings against a health practitioner registered by the Board ‘as evidence of what constitutes appropriate professional conduct or practice for the health profession.

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