What are the implications for clinical practice as a result of this case?

What are the implications for clinical practice as a result of this case?

Question Description
I need help with a Health & Medical question. All explanations and answers will be used to help me learn.

Assessment 3: Written Assignment

It has been well understood in Australia for nearly 25 years that a there is a duty to warn extends to ‘material risks’by health care practitioners. Material risks are those that a reasonable person in the patient’s position would likely attach significance to, or if the medical practitioner is or should reasonably be aware that the particular patient, if warned of the risk, would attach significance to it (Rogers v Whitaker [1992] HCA 58; Wallace v Kam [2013] HCA 19). A more recent case Moracz v Marshman 2016 NSWCA 202 (sometimes called “The Sweaty Palms Case” re-examined the principle of material risk and duty to warn.

Moracz v Marshman (The Sweaty Palms Case) is an interesting case in the NSW Supreme Court that explored the threshold necessary to successfully establish failure to warn and was a re-visitation of the duty of medical practitioners and other health professionals to warn patients of the material risk of a proposed procedure or treatment. The plaintiff (Ms Moracz) was unsuccessful in the court of original jurisdiction which was the NSW Supreme Court and later appealed to the NSW Court of Appeal. Dr Marshman was a respondent to this appeal. Read Moracz v Marshman 2016 NSWCA 202 by clicking on the hyperlink

The Task

Using short answers you must answer EACH of the questions and any subsections of questions listed below. Please note there is a word limit attached to each of these questions which must be observed.

1.In reading the law report on the Moracz v Marshman case answer the following questions (500 words).
a. Discuss the facts of this case that the Court considered included the reasons for the case being brought to trial by the plaintiff and the clinical evidence presented by the defendant.
b. What was held as by the trial judge Harrison J
c.What cases were relied upon as precedent by the trial judge.
d. Describe the reasons why these cases were relied upon in the judgement.
e. On what grounds was the appeal lodged.
f. What was the outcome of the appeal and what reasons did the Appeal Judge give for his decision.
2. What are the implications for clinical practice as a result of this case and provide evidence from the literature in your answer with full citation (1000 words).
3.What are the implications for health services managers as a result of this case and provide evidence from the literature in your answer with full citation (1000 words)

Moracz v Marshman Case Discussion

You must proofread your paper. But do not strictly rely on your computer’s spell-checker and grammar-checker; failure to do so indicates a lack of effort on your part and you can expect your grade to suffer accordingly. Papers with numerous misspelled words and grammatical mistakes will be penalized. Read over your paper – in silence and then aloud – before handing it in and make corrections as necessary. Often it is advantageous to have a friend proofread your paper for obvious errors. Handwritten corrections are preferable to uncorrected mistakes.

Use a standard 10 to 12 point (10 to 12 characters per inch) typeface. Smaller or compressed type and papers with small margins or single-spacing are hard to read. It is better to let your essay run over the recommended number of pages than to try to compress it into fewer pages.

Likewise, large type, large margins, large indentations, triple-spacing, increased leading (space between lines), increased kerning (space between letters), and any other such attempts at “padding” to increase the length of a paper are unacceptable, wasteful of trees, and will not fool your professor.

The paper must be neatly formatted, double-spaced with a one-inch margin on the top, bottom, and sides of each page. When submitting hard copy, be sure to use white paper and print out using dark ink. If it is hard to read your essay, it will also be hard to follow your argument.