Rogers v Whitaker
| Jurisdiction | Australia Federal only |
| Neutral Citation | [1992] HCA 58,1992-1119 HCA A |
| Date | 1992 |
| Year | 1992 |
| Court | High Court |
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179 cases
10 firm's commentaries
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Lessons from Wallace v Ramsay Health Care
...general warning can form part of the patient's medical record, annotated with the specific warnings given. [1] See Rogers v Whitaker (1992) 175 CLR 479; 67 ALJR 47; 109 ALR 625; Tai v Saxon (unreported, WASC, Pidgeon, Franklyn and Ipp JJ, 23 of 1995, 8 February 1996); Rosenberg v Percival (......
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Right of parents to plan their reproductive future
...1Waller v James [2015] NSWCA 232 at [6] 2[2003] HCA 38 3Cattanach v Melchior [2003] HCA 38 at [68] 4See [347] for a detailed discussion 5[1992] HCA 58 6These duties were discussed in Rogers v Whitaker [1992] HCA 58 at 483 and 490, and in F v R (1983) 33 SASR 189 at 192 7[2003] HCA 38 8[1992......
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Consent to special medical treatment and determining a patient's best interests - an overview of TI (Consent to Special Medical Treatment) [2023] TASCAT 105
...10 TI's case, above n 1, [10]. 11 TI's case, above n 1, [22]. 12 TI's case, above n 1, [2], [36], [38], [41]-[42]. 13 Rogers v Whitaker (1992) 175 CLR 479; Airedale NHS Trust v Bland (1993) 12 BMLR 14 Schloendorff v Society of the New York Hospital (1914) 211 Ny 125 at [129]–[130] per Cardo......
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Robots To The Rescue: Regulation Of Artificial Intelligence In Healthcare In Malaysia
...practitioner to advise patients of risks associated with their treatment, the applicable test is the test laid down in Rogers v Whitaker [1992] HCA 58, as adopted by the Malaysian Federal Court in Foo Fio Na v Dr. Soo Fook Mun & Anor [2007] 1 MLJ 27 see Paul Sankey, "AI Medical Diagnosis an......
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6 books & journal articles
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THE PROTECTION OF PERSONAL INTERESTS
...not have disclosed the relevant risk. However, in Canada, under Reibl v Hughes[1980] 2 SCR 880, and Australia, under Rogers v Whitaker(1992) 175 CLR 479, the legitimacy of a doctor's failure to disclose a risk has for some time been determined by versions of the prudent patient test — and i......
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MEDICAL NEGLIGENCE AND PATIENT AUTONOMY
...determine, inter alia, the following question:81 Whether it is the Bolam test or the test in the Australian case of Rogers v Whittaker[1993] 4 Med LR 79) which should be applied to the standard of care in medical negligence, following, after the decision of the Federal Court in Foo Fio Na N......
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Tort Law
...considered whether the doctor's duty to advise should be governed not by Bolam, but by the Australian approach in Rogers v WhitakerUNK(1992) 175 CLR 479 (Rogers). Rogers had rejected the Bolam test and instead held that a doctor would be negligent in failing to inform or advise a patient of......
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Prosecutorial guidelines for voluntary euthanasia and assisted suicide: autonomy, public confidence and high quality decision-making.
...of external influence as to persuade the patient to depart from her own wishes, to an extent that the law regards it as undue: (119) (1992) 175 CLR 479. (120) Ibid 487, 489 (Mason CJ, Brennan, Dawson, Toohey and McHugh JJ). The civil liability legislation in Queensland, Tasmania and Victori......
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