INSIGHTS: Video: Negligence and Consent in the Medical Profession

December 7, 2017


Andrew Saxton

In this video, originally published by BenchTV,  Principal Andrew Saxton and Anthony Bartley SC discuss the salient features of Tinnock v Murrumbidgee Local Health District (No 6) [2017] NSWSC, specifically, a phrase in a consent form, signed and read by the plaintiff, which allegedly evoked an understanding that her surgical operation might be performed by another doctor. Andrew and Anthony consider the tort of battery in relation to the plaintiff’s understanding that her surgery would be performed by a particular surgeon, despite the consent form stipulation.

The video also considers the plaintiff’s claim of negligence with respect to whether the risk of infection was foreseeable and whether reasonable steps should have been taken to lessen this risk.

Overall, this video presents a nuanced analysis and is well worth watching. A short clip is below, for access to the full video please click here.