Recommendation 1
The common law standard of reasonable care which now applies to the provision of information to patients concerning a proposed treatment or medical procedure should not be replaced by a statutory standard.
Recommendation 2
Guidelines for the provision of information to patients concerning a proposed treatment or procedure should be formulated by the National Health and Medical Research Council.
(a) In considering the guidelines, the Council should take account of the following matters:
(i) the need in each case for doctors to pay attention to the patient's circumstances;
(ii) the fact that less information may be necessary if the doctor is clearly satisfied on reasonable grounds, and after reasonably careful investigation, that the patient understands and agrees to the proposed procedure, but does not want more information; or that the patient's health or welfare might be seriously harmed if the patient were more fully informed about the procedure; or that an emergency exists in which it is not possible to give the information;
(b) The appropriate authorities should consider including discussion of the guidelines in medical courses as a means of educating medical students in relation to giving patients appropriate information. The guidelines might also be referred to in quality assurance and peer review programs, hospital protocols and hospital accreditation reviews. Patient education and self-help programs might also inform patients about the guidelines to help patients communicate with their doctors.
Recommendation 3
Legislation should be enacted requiring that, in an action for professional negligence, the guidelines will be admissible in evidence and the courts will consider them in deciding whether a doctor has acted reasonably in relation to the provision of information.
Recommendation 4
The Medical Practitioners Act 1970 (Vic), the Medical Practitioners Act 1938 (NSW) and the Medical Practitioners Registration Act 1930 (ACT) should each be amended to provide specifically that professional misconduct includes a failure to provide adequate information to a patient concerning a proposed treatment or medical procedure.
