Rogers v Whitaker (1992) CLR 479

HCA held that the Bolam test could not be adopted in this case involving advice or information from doctor to patient, yet it might be appropriate in the case of treatment.

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For effective and efficient tort reform in cosmetic surgery, we must consider the "Feminist Perspective" for further tort reform, because a feminist approach can help to reveal some of the tension in duty of care.

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Why Not No-Fault Based Compensation Scheme

Unfortunately, Australia does not operate No-Fault Compensation Scheme for medical injuries. The injured person must prove negligence of the doctor in the court.

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Why We Need Tort Reform In Cosmetic Surgeory

Australians spend more than 1 billion dollars on cosmetic surgery which is far more over than Americans.

  • Anyone can be called as “Cosmetic Surgeon” if you are registered medical practitioner with the basic medical degree MBBS or Bachelor of Medicine and Bachelor of Surgery without the surgical training qualifications of the Fellows of the Royal Australasian College of Surgeons (FRACS).

How long do I have to make a medical claim ?

Depends on where you live there are time limits for making a compensation claim. In most jurisdictions you need to start legal action within three years of the injury. If you are a child, need to start legal action within six years.