This may be so, but it doesnt mean we should meekly accept it. Judges
are more susceptible to public opinion than they like to admit. OK I
accept that the courts must be autonomous from Govt and society to an
extent to function correctly.
Because our legal system is based largely on precedent, it tends to
"drift" over time in a particular direction. This has had effects on
society which are not always desirable. For example, the effect on
obstetric and rural services has ben largely due to legal drivers.
Recent tort law reform demonstrates that this has been generally
accepted by Governments who have attempted to address this to some
extent. We should point out the costs of complying with these court
imposed standards, which will ultimately be borne by the customer, in
one way or another.
R
Greg Twyford wrote:
Richard Hosking wrote:
Interesting read.
Still they appear to be basing their standard on a legal opinion.
This seems to me to be the tail wagging the dog. To some extent this
opinion will be based on contemporary medical practice, which will no
doubt be influenced by what the RACGP sets as a standard!
Shouldnt we be setting standards ourselves?
Sorry Richard,
law is overarching and precedes medicine and everything else, wheher
we like it or not.
Greg
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