USP Theses Collection


close this section of the library Prasad, Nakil Navinesh.

View the PDF document The law of medical negligence : consent to medical treatment and failure to warn: drafting a model bill
Author:Prasad, Nakil Navinesh.
Institution: University of the South Pacific.
Award: LL.M
Date: 2009.
Call No.: Pac RA 1056 .5 .P73 2009
BRN: 1178322
Copyright:Under 10% of this thesis may be copied without the authors written permission

Abstract: This thesis focuses mainly upon the developments in the United Kingdom, New Zealand and Australian jurisdictions with respect to the area of law concerning medical negligence with emphasis on consent to medical treatment and failure to warn of risks and alternatives to treatment. Reference will be made to the Canadian and United States jurisdictions when contrasting the various jurisdictional approaches. This focus will inform my thesis regarding a model law on medical consent for Fiji. The thesis is divided into 4 parts. Part I will trace the developments of the law concerning medical negligence. Part II will consider the statutory approach taken in some jurisdictions. Part III will focus on the various aspects of the law of consent to medical treatment and information disclosure and Part IV will involve the drafting of a model Bill adaptable to the Fiji jurisdiction. In relation to consent to medical treatment, this thesis will consider: the age of consent, types of consent, elements of consent, exceptions to consent, consent pertaining to incompetent persons and minors, the scope of parental power, guardianship schemes and the inherent jurisdiction of the court. It will also make recommendations in terms of statutory provisions. This thesis will also take into account the International Law that is applicable to this area of law. Furthermore, public opinion is analyzed through data collected from a research questionnaire handed out to the general public. The research questionnaire evaluates the understanding of the general public on the laws concerning consent to medical treatment and their views on the need for legislation in this particular area. The essence of codification pertaining to the law of consent to medical treatment is also discussed accordingly. This thesis will conclude with a draft model of a Bill adaptable to Fiji jurisdiction. This Bill will include statutory provisions to deal with the area of law concerning consent to medical treatment thus providing a framework for better governance in the area of general medicine.
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