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Legal Disputes over Duties to Disclose Treatment Risks to Patients: A Review of Negligence Claims and Complaints in Australia

  • Marie M. Bismark,

    Affiliation: From the Melbourne School of Population Health, University of Melbourne, Carlton, Victoria, Australia

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  • Andrew J. Gogos,

    Affiliation: Department of Surgery, Royal Melbourne Hospital, Parkville, Victoria, Australia

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  • Richard B. Clark,

    Affiliation: From the Melbourne School of Population Health, University of Melbourne, Carlton, Victoria, Australia

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  • Russell L. Gruen,

    Affiliation: National Trauma Research Institute and The Alfred, Melbourne, Victoria, Australia

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  • Atul A. Gawande,

    Affiliation: Harvard School of Public Health, Boston, Massachusetts, United States of America

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  • David M. Studdert mail

    d.studdert@unimelb.edu.au

    Affiliations: From the Melbourne School of Population Health, University of Melbourne, Carlton, Victoria, Australia, Melbourne Law School, University of Melbourne, Carlton, Victoria, Australia

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  • Published: August 07, 2012
  • DOI: 10.1371/journal.pmed.1001283

About the Authors

Marie M. Bismark, Richard B. Clark, David M. Studdert
From the Melbourne School of Population Health, University of Melbourne, Carlton, Victoria, Australia
Andrew J. Gogos
Department of Surgery, Royal Melbourne Hospital, Parkville, Victoria, Australia
Russell L. Gruen
National Trauma Research Institute and The Alfred, Melbourne, Victoria, Australia
Atul A. Gawande
Harvard School of Public Health, Boston, Massachusetts, United States of America
David M. Studdert
Melbourne Law School, University of Melbourne, Carlton, Victoria, Australia

Corresponding Author

Email: d.studdert@unimelb.edu.au

Competing Interests

The authors have declared that no competing interests exist.

Author Contributions

Analyzed the data: MB DS. Wrote the first draft of the manuscript: MB DS. Contributed to the writing of the manuscript: AJG RG AG. ICMJE criteria for authorship read and met: MB AJG RC RG AG DS. Agree with manuscript results and conclusions: MB AJG RC RG AAG DS. Coordinated the collection of data at Avant: RC.