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	Legal Information Access Centre (LIAC) - Hot Topics

Hot Topics 30: Health & the Law (November 2000)

The Health system and the law

Legislation – Common Law - Major Health Laws – Medicare – Private Health Insurance.

Health and the Consumer

Consumer Rights – Commonly Accepted Rights - Consumer Responsibilities – The Active Consumer Checklist.

Duty of Care and Negligence

Duty Of Care Owed To Others – Case Study – What Is Meant By ‘Negligence’?

Consent to Medical Treatment

What Is Meant By ‘Consent’? – Informed Decisions – Advance Directives – Guardianship – Enduring Guardianship – The Role Of The Guardianship Tribunal.

Medical Records

Access To Records – National Privacy Principles – Ownership Of Records.

Electronic Health Records

Features Of The Proposed Record Card – Argument Snapshot.

Confidentiality

Privacy Principles – Research Information – Genetic Information.

Young People and Health

Medicare – Privacy – Informed Consent – Contraception And Abortion – Guidelines For Health Carers – Special Medical Treatment – Where To Get Help.

Ethics and Medical Research

Ethics Committees – Human Genome Project – Ethical Issues: Use Of Organs, Stillbirth, Miscarriage, Abortion, IVF, Genetic Engineering.

Complaints

Outcomes – Making A Complaint – Health Care Complaints Commission.

Legal Action

Considering Legal Action – Before You See A Lawyer – Key Questions To Ask Your Lawyer – Is There A Time Limit On Taking Legal Action? – Who Do You Take Action Against? – What Must Be Established For A Successful Case? – Going To Court – Compensation Grounds – Settling Out Of Court.

Becoming involved in health care policies

Further Information and Contacts

This is the thirtieth in the series. Hot Topics: burning legal issues in plain language which highlights contemporary legal issues in NSW, published by the Legal Information Access Centre (LIAC).

Hot Topic No. 30 Health & the Law has been compiled by the Legal Information Access Centre (LIAC).

AUTHOR: Phillipa Bellemore

EDITOR: Cathy Hammer

ACKNOWLEDGMENT: The publisher wishes to thank Kathy Taylor, RN, LLB (Hons), Solicitor, for reading and commenting on the material in this Hot Topic.

PHOTOS:

• Australian Genome Research Facility (AGRF). The AGRF is a non-profit, state-of-the-art facility for the collection of molecular genetic information by high-throughput DNA sequencing, genotyping and mutation detection, and for the genetic and physical mapping of genes, chromosomes and genetic variants. It supports genome research and genetic discovery areas across the entire biological spectrum, and provides access to large-scale genome research by universities, medical research institutes, CSIRO and other government research organisations, and by industry. The AGRF has two divisions, located at the University of Queensland, and the Walter and Eliza Hall Institute of Medical Research.
• Fairfax Photo Library
• State Library of New South Wales

  The State Library of NSW offers photographic, copying and picture research services based on its unique collections. Contact the Image Library:http://www.slnsw.gov.au/imagelibrary
  Tel: (02) 9273 1482 Fax: (02) 9273 1256
  Email: imagelibrary@ilanet.slnsw.gov.au

• University of Queensland, Office of Marketing and Communications.