Australian and English courts are becoming more patient centred

doi:10.1136/bmj.324.7328.0h

Australian and English courts are becoming more patient centred

In the past decade both English and Australian courts have adopted a more patient centred standard in deciding what risksdoctors must disclose to patients, leading to an increase in litigationcosts for clinical negligence. In Australia, the courts have helddoctors negligent for failure to disclose risks in a number ofcases, including anal stenosis after haemorrhoidectomy, perforationof the uterus after insertion of an interuterine device, and hypertrophicscarring after laser removal of tattoos. Skene and Smallwood (p39) recommend that Australian and English courts put more emphasison the needs of patients to give greater weight to individualrights in both countries.