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Nice White Parents. Rather, the hospital is required to be satisfied that the other less restrictive care is safe and effective. The reference to ' safe The High Court, while not deciding the point, has inferred that the finding of a duty to take reasonable care to prevent a third party from inflicting physical injury on a person or class does not, by necessary implication, mean that a coextensive duty of care will also be owed to the close relatives of that person or class.
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Learn More Accept. Australia: You drive … Me crazy - duty of care of hospital after discharge of mentally-ill patient. To print this article, all you need is to be registered or login on Mondaq. Hunter and New England Local Health District v McKenna  HCA 44 Introduction The High Court considered whether a hospital and its employed health professionals owe a common law duty of care to third parties to prevent them from sustaining personal injury caused by a mentally ill person following discharge, particularly pure mental harm from nervous shock.
The High Court French CJ and Hayne, Bell, Gageler and Keane JJ held that, in light of the absolute dichotomy between the statutory obligation owed by the Medical Superintendent of a hospital under section 20 of the Mental Health Act NSW and the common law duty of care requiring regard to be had to the interests of third parties with whom the mentally ill person may come into contact if not detained, no duty of care was owed.
The questions were: Is the person 'mentally ill' or 'mentally disordered'? If so, is any other appropriate care available that is less restrictive than compulsory admission and detention in the hospital?
In some cases, there will be a risk that the mentally ill person will engage in conduct that may have adverse consequences for others In some cases, perhaps many, the reasonable person in the position of the hospital or doctor would respond to those risks by continuing to detain the patient But that is not what the Mental Health Act required.
It required the minimum interference with the liberty of the mentally ill person. It required that the person be released from detention unless the medical superintendent of the hospital formed the opinion that no other care of a less restrictive kind was appropriate and reasonably available to that person. Helen Gill. Ray Giblett. Tamina Mehraby. Non-disclosure by an insured does not always mean the insurer can avoid liability for a claim ClarkeKann Lawyers.
What happens when an insurer agrees to honour policy despite non-disclosure then tries to rely on that ND to avoid liability? Not long until unfair contract terms laws apply to insurance … are you prepared? Norton Rose Fulbright Australia. Insurers and coverholders may need to consult with underwriters and actuaries to amend insurance policies and conditions. What does TPD mean? Discussion of a recent NSW case which considered assessor's reports.
Limitation of liability clauses in contracts. (You Drive Me) Crazy makes them effective? Curwoods Lawyers. Whereas most insurance policies exclude liability arising under contract, insurers can positively benefit where an insured has limited or excluded its liability under contract.
This usually arises where the insured's contract has a limitation or exclusion of liability clause in the insured's favour. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email.
Register For News Alerts. Article Tags. No duty of care owed by a health authority to family of murder victim HopgoodGanim. When ignorance is not bliss: recent appellate court guidance on deeming provisions in professional indemnity policies Gilchrist Connell. Claimants entitled to compensation for the cost of hiring a reasonably equivalent, commensurate or comparable replacement vehicle Holman Webb.
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