Legal disputes over duties to disclose treatment risks to patients: a review of negligence claims and complaints in Australia

PLoS Med. 2012;9(8):e1001283. doi: 10.1371/journal.pmed.1001283. Epub 2012 Aug 7.


David Studdert and colleagues identified disputes over informed consent among malpractice claims and serious health care complaints in Australia and provide an analysis of disagreements between patients and doctors over whether particular clinical risks should have been disclosed before treatment.

Publication types

  • Research Support, Non-U.S. Gov't
  • Review

MeSH terms

  • Australia
  • Disclosure / legislation & jurisprudence*
  • Dissent and Disputes / legislation & jurisprudence*
  • Humans
  • Malpractice / legislation & jurisprudence*
  • Physicians / legislation & jurisprudence
  • Risk Factors
  • Treatment Outcome*

Grant support

This study was supported by a Linkage Grant from the Australian Research Council (LP0989178), with partner contributions from the Office of the Health Services Commissioner of Victoria, the Victorian Department of Health, and Avant Mutual Group Limited. Dr Studdert was supported by a Federation Fellowship from the Australian Research Council. The funders had no role in the study design, data analysis, decision to publish, or preparation of the manuscript. The Office of the Health Services Commissioner of Victoria and Avant Mutual Group Limited permitted the investigators to collect data on their complaints and claims, respectively, and provided desk space and administrative support during this data collection effort.