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Area of Law: Health law

thermometerHealth law covers: "Regulatory interventions at the intersection of law and medicine, which affect health services practice, the incidence of legal liability, burdens upon practitioners (e.g. for legal consequences that would otherwise follow medical interventions that would amount to assault if done without informed consent; at common law, patients are entitled to refuse treatment, even if it is life-saving). More broadly, it covers medical negligence; capacity to consent; medical insurance; artificial reproductive technology (ART); claims in torts including new claims such as wrongful birth and wrongful life claims; surrogacy; medical ethics issues such as cloning; abortion; sterilisation of minors or people with disabilities; human rights to health care; palliative care; futile treatment, euthanasia and end of life decisions; medical research and experimental treatments; organ donations; guardianship and court directions; brain death and cessation of treatment; autopsies; coronial inquiries."
Australian Law Dictionary (3rd ed, OUP)

Research at Monash

Law, Health Law and Wellbeing Group (Faculty of Law) 
Understanding the impact of the law on our biggest health, social and ethical challenges.  

The Michael Kirby Centre for Public Health and Human Rights (Faculty of Medicine)


Australian medical cases: select list

Links go to medium neutral citation version of case if available. Remember to check for authorised version, if any, in a case citator such as CaseBase or Westlaw Australia (Cases). 

See also Australian Medical Liability Cases (CCH IntelliConnect) 

International medical cases: select list

Mental health and the law