Abstract
In law, doctors owe “a duty of care” to their patients to ensure that they are properly informed of treatment risks and are not harmed by their doctor’s negligent acts. This term is well established, however, a recent case in the New South Wales Supreme Court has considered the proposition of whether a duty of care, of this type, extends to ancillary medical staff; in this case the receptionist.
The court in the case Alexander v Heise [2001] NSW SC 69 has found that ancillary non-medical staff can owe patients a duty of care, for which a medical practitioner can be vicariously liable, and furthermore that this duty of care can begin when a person books an appointment either for or as a prospective patient and even before the prospective patient has been seen by the doctor. It is clear from this decision that the duty of care has widened somewhat.
Many important issues arise from this case; ensure that your practice has adequate insurance to cover all staff. There is no excuse for lack of training. Training should be focused, regular and documented. Extra care needs to be exercised when a patient is disclosing symptoms on behalf of a third party.
The abstracts were prepared by Professor A. J. Thurston. Correspondence should be addressed to him at the Department of Surgery, Wellington School of Medicine, PO Box 7343, Wellington South, New Zealand
