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.
Posted: 10 Nov 2018
Date Written: 2003
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: Suggested Citation