First Thursday Club: Medical Negligence: The Defence Of Peer Professional Opinion

event information
Thursday, 7 April 2022
8:30am - 9:30am AEST
Live session through Microsoft Teams

Under Australian State and Territory laws, a health care provider may have a defence to a claim for medical negligence if they can show that they acted in a manner that was widely accepted by a significant number of practitioners in the field as competent professional practice.

There are close to 100,000 registered doctors in Australia. What is a “significant number” and do I have to check in with them all to establish this defence?

There are almost 40,000 physiotherapists. Do I need to speak with 20,000 of them to establish a peer defence?

Where this defence can be used it can provide a very strong argument, in the face of critical expert opinion, as to why a health care provider should not be held liable.

But when can the defence be employed? And how do you establish that a significant number of ones peers share your view? You can’t take statements from them all.

Join us for the next First Thursday Club session where Robert Samut will discuss:

  • The evolution of the Bolam test.
  • The introduction of the Bolam test into Australian State and Territory legislation .
  • How the defence differs across the country.
  • What are the critical elements of the peer review defence?
  • How do you practically establish the defence?
  • What are the limitations of the defence?

First Thursday Club Series

Our First Thursday Club is a health law webinar series that explores the latest developments, cases, and trends in healthcare.

Receive our latest news, insights and events
Barry Nilsson acknowledges the traditional owners of the land on which we conduct our business, and pays respect to their Elders past, present and emerging.
Liability limited by a scheme approved under Professional Standards Legislation