health law 10

Assessment 3: Written Assignment

It has been well understood in Australia for nearly 25 years that a there is a duty to warn extends to ‘material risks’by health care practitioners. Material risks are those that a reasonable person in the patient’s position would likely attach significance to, or if the medical practitioner is or should reasonably be aware that the particular patient, if warned of the risk, would attach significance to it (Rogers v Whitaker [1992] HCA 58; Wallace v Kam [2013] HCA 19). A more recent case Moracz v Marshman 2016 NSWCA 202 (sometimes called “The Sweaty Palms Case” re-examined the principle of material risk and duty to warn.

Moracz v Marshman (The Sweaty Palms Case) is an interesting case in the NSW Supreme Court that explored the threshold necessary to successfully establish failure to warn and was a re-visitation of the duty of medical practitioners and other health professionals to warn patients of the material risk of a proposed procedure or treatment. The plaintiff (Ms Moracz) was unsuccessful in the court of original jurisdiction which was the NSW Supreme Court and later appealed to the NSW Court of Appeal. Dr Marshman was a respondent to this appeal. Read Moracz v Marshman 2016 NSWCA 202 by clicking on the hyperlink

The Task

Using short answers you must answer EACH of the questions and any subsections of questions listed below. Please note there is a word limit attached to each of these questions which must be observed.

1.In reading the law report on the Moracz v Marshman case answer the following questions (500 words).
a. Discuss the facts of this case that the Court considered included the reasons for the case being brought to trial by the plaintiff and the clinical evidence presented by the defendant.
b. What was held as by the trial judge Harrison J
c.What cases were relied upon as precedent by the trial judge.
d. Describe the reasons why these cases were relied upon in the judgement.
e. On what grounds was the appeal lodged.
f. What was the outcome of the appeal and what reasons did the Appeal Judge give for his decision.
2. What are the implications for clinical practice as a result of this case and provide evidence from the literature in your answer with full citation (1000 words).
3.What are the implications for health services managers as a result of this case and provide evidence from the literature in your answer with full citation (1000 words)

Total Words Required: 2,500

Order a similar paper and get 15% discount. Use the coupon code GILB

Dr. Padma Myers
Dr. Padma Myers
98% Success Rate
Read More
“Hello, I deliver nursing papers on time following instructions from the client. My primary goal is customer satisfaction. Welcome for plagiarism free papers”
Stern Frea
Stern Frea
98% Success Rate
Read More
Hi! I am an English Language and Literature graduate; I have written many academic essays, including argumentative essays, research papers, and literary analysis.
Dr. Ishid Elsa
Dr. Ishid Elsa
98% Success Rate
Read More
"Hi, count on me to deliver quality papers that meet your expectations. I write well researched papers in the fields of nursing and medicine".
Dr. Paul P. Klug
Dr. Paul P. Klug
99% Success Rate
Read More
"A top writer with proven reliability and experience. I have a 99% success rate, overall rating of 10. Hire me for quality custom written nursing papers. Thank you"

How Our Essay Writing Service Works

Tell Us Your Requirements

Fill out order details and instructions, then upload any files or additional materials if needed. Then, confirm your order by clicking “Place an Order.”

Make your payment

Your payment is processed by a secure system. We accept Mastercard, Visa, Amex, and Discover. We don’t share any informati.on with third parties

The Writing Process

You can communicate with your writer. Clarify or track order with our customer support team. Upload all the necessary files for the writer to use.

Download your paper

Check your paper on your client profile. If it meets your requirements, approve and download. If any changes are needed, request a revision to be done.

Recent Questions

ethics psy m1

Read the section “Course Case Study” and analyze the behavior of the counselor, as a professional, that you consider unethical or unprofessional. Write a brief

Read More »

tom 1885877 2

3 pages   You are a correctional case manager working in a minimum security state facility for male offenders. You oversee a caseload of 100

Read More »

Stay In Touch!

Leave your email and get discount promo codes and the best essay samples from our writers!