In Australia national laws set basic standards and obligations for health professionals. Medical law is a complex area of law that covers issues such as:

• obligations of health professionals;
• rights of patients of medical services;
• abortion;
• euthanasia;
• medical negligence and malpractice (for more information see our Medical Malpractice topic); and
• investigation of deaths through the Coroner’s Court (for more information see our topic on the Coroner's Court).

The national body responsible for regulating the health profession is the Australian Health Practitioner Regulation Agency (AHPRA). AHPRA supports 14 national boards that regulate health professionals. The national boards set standards that all health professionals must meet. Regulated health professionals include:

• doctors;
• nurses;
• Chinese medicine practitioners;
• chiropractors;
• dentists;
• midwifes;
• radiographers;
• occupational therapists;
• optometrists;
• osteopaths;
• pharmacists;
• physiotherapists;
• podiatrists; and
• psychologists.

Health professionals have legal and ethical obligations under the law. For example health professionals must maintain patient confidentiality. This means health professionals can’t share information about their patients with other people. There are however some exceptions to confidentiality such as when a health professional is obliged to tell the court about their patient’s medical history. There is often a fine line between what patient information health professionals can and cannot share. This can make medical law confusing and difficult to navigate. The assistance of a specialist medical lawyer can be very useful for both patients and health professionals.

Some patients are so incapacitated they cannot truly give consent for medical treatment. Legal questions arise such as whether the patient has capacity (ability) to give consent and whether another person’s consent can be obtained before giving the medical treatment. As you can see this area of law involves ethical as well as legal questions.

Specific complaint procedures apply when making complaints about health professionals. Various organisations such as the Health Ombudsman and the Health Care Complaints Commission have been established across Australia to manage patient disputes. Where a complaint made at one of these organisations is unsuccessful a patient can still go to court to have their matter heard.

Health professionals may be required to attend court where a case has been brought against them or where they are called to give expert evidence or produce documents about their patients.  Lawyers are able to guide you through this process.

It is important to remember that health professionals are subject to the law of the state or territory in which they practice. 

This Legal Guide on Medical Law provides health professionals and patients with information about the common aspects of the law relating to the medical industry. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you who specialises in medical law.

Please select from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.