Medicine and law
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This article examines to what extent the Austrian Supreme Court is willing to apply the theory of informed consent and wrongful birth. In the decision at issue the judges came to the conclusion that a physician need not inform about every single risk of medical therapy. With regard to wrongful birth, the court left open for further discussion whether maintenance costs which were caused by a physician's negligent conduct are a matter of compensation.
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Doctors in New Zealand may be prosecuted for manslaughter if patients die as a consequence of the doctor's failure to exercise reasonable knowledge, skill and care. The requirement to use reasonable knowledge, skill and care has been held to be breached in New Zealand if a doctor is merely careless. No distinction is made between 'criminal negligence' and the negligence standard applicable in civil law. This article examines New Zealand's law relating to medical manslaughter with particular reference to the case of R v Yogasakaran [1990] 1 NZLR 399 which was the subject of a petition to the Privy Council on 30 January 1991.