Case Note: PD v Dr Nicholas Harvey: A Threat to Confidentiality of Straightforward Breach of Duty?

2003 University of Western Sydney Law Review 7, 161-168.

U. of Adelaide Law Research Paper No. 146

Posted: 10 Nov 2018

See all articles by Bernadette Richards

Bernadette Richards

University of Adelaide - School of Law

Date Written: 2003

Abstract

The Rogers v Whitaker standard of care is well established and widely referred to as the starting point when determining whether or not a doctor has acted with due care and within the bounds of the accepted standard. The application of this straightforward test in the recent decision of PD v Dr Nicholas Harvey2 resulted in a decision which, at first glance, is difficult to reconcile with the basic tenet that: 'one man is under no duty of controlling another's actions to prevent his doing damage to a third.'

Keywords: confidentiality, breach of duty, medical practitioner, PD, Nicholas Harvey

JEL Classification: K00, K30, K39, K32

Suggested Citation

Richards, Bernadette, Case Note: PD v Dr Nicholas Harvey: A Threat to Confidentiality of Straightforward Breach of Duty? (2003). 2003 University of Western Sydney Law Review 7, 161-168., U. of Adelaide Law Research Paper No. 146, Available at SSRN: https://ssrn.com/abstract=3269119

Bernadette Richards (Contact Author)

University of Adelaide - School of Law ( email )

Adelaide, South Australia 5005
Australia

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