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Clare Delany

Publications and source records attributed to Clare Delany.

5 recordsLinked to original sources

Cervical manipulation--how might informed consent be obtained before treatment?

This article discusses methods and mediums of obtaining informed consent in physiotherapy clinical practice, specifically in relation to cervical manipulation. Whilst cervical manipulation is a useful method of treatment for spinal joint pain and dysfunction, it has also been shown to be ineffective or even positively harmful. Legal precedents have set boundaries for informing patients of such adverse consequences. However, a degree of uncertainty exists in the physiotherapy profession, as in other health care professions, as to how to obtain informed consent in a busy clinical setting in order to discharge the legal duties owed. Obtaining meaningful informed consent in clinical practice raises issues of patient comprehension, memory and decision-making capacity. A large quantity of research directed at enhancing patient understanding has been undertaken in recent years. The important findings are that a variety of communication methods and mediums need to be employed in both providing information and assessing patient understanding. A combination of verbal, written and audiovisual information provides patients with maximum opportunity to be involved in treatment decisions.

Audiovisual Aids↗

Regulating physiotherapy.

Implementation of the principles of National Competition Policy have led to reviews of the regulation of health professionals in all states and territories of Australia. On October 13, 1998, the Victorian Physiotherapists Registration Act 1998 replaced the previous (1978) Act. This paper identifies the critical impact of National competition policy upon the 1998 Victorian Act and examines current review processes in other states and territories. Although Competition Policy is of national interest, legislative variation between states and territories is unlikely to be diminished by current reviews. Whilst the 1998 Victorian Act will foster greater competition between health care providers, and offer greater economic choice for consumers, it does so at the cost of reduced protection of the standards of patient care.

Journal Article↗

Author's response.

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Journal Article↗

Should I warn the patient first?

In 1992 the High Court of Australia decided that health professionals owed a duty of care to warn patients of the risks to the particular patient of the proposed treatment before commencing that treatment. The Court ruled that it is not enough for any health care practitioner to do what everyone else does and therefore not warn the patient first. It emphasised that the information the law requires to be provided will vary from patient to patient, according to the individual patient's characteristics and needs. The decision in Rogers v Whitaker (1992) means that health professions must change their attitude and approach to the provision of information and warnings to patients.

Journal Article↗