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The Doctrine of informed consent operates at common law within Australian Health law.

The Doctrine commenced with the seminal Schloendorff decision, where it was held the need for Informed Consent is a prerequisite to the Doctor-Patient Relationship.  Meaning if you have not provided informed consent to the medical practitioner for a procedure (including vaccinations) then there is no "Doctor-Patient" relationship that exists for that procedure. 

With Justice Cordozo stating “In the case at hand, the wrong complained of is not merely negligence. It is trespass….and a surgeon who performs an operation without his patient's consent, commits an assault, for which he is liable in damages.”

For further information on Informed Consent please read Contemporary Challenges regarding Informed Consent & Vaccination in Australia.

 

NOTHING IN THIS FORUM IS TO BE CONSTRUED AS LEGAL ADVICE, IT IS PURELY INFORMATION TO ASSIST YOUR UNDERSTANDING FOR EDUCATIONAL PURPOSES, IT IS A CONDITION OF ENTRY INTO THIS FORUM THAT IF YOU INTEND TO ACT UPON ANY INFORMATION YOU FIND IN THIS FORUM THAT YOU BRING IT TO A LAWYER AND SEEK INDEPENDENT LEGAL ADVICE.

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