Duty of Care

Case Note: Duty to Warn of Genetic Risks?

To what extent does a health service provider owe a duty of care to (third party) relatives of a patient who may be predisposed to a genetic condition? This is the question raised by ABC against the St George’s Healthcare NHS Trust, the South West London and St George’s Mental Health NHS Trust and the Sussex Partnership NHS Foundation Trust.

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State Government liability for failure to prevent child abuse

In this case, the High Court granted special leave to appeal from the decision in DC v State of New South Wales [2016] NSWCA 198 (summarised in the November 2016 edition of the Case Law Update), in which the State of New South Wales (the State) was held liable for the failure of the Department of Youth and Community Services (the Department) to prevent the continuing sexual abuse of two children who were the subject of child protection proceedings in the 1970s and 1980s.

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