Moracz v Marshman Case Discussion

Moracz v Marshman Case Discussion

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Question Description
I need help with a Health & Medical question. All explanations and answers will be used to help me learn.

Assessment 3: Written Assignment

It has been well understood in Australia for nearly 25 years that a there is a duty to warn extends to ‘material risks’by health care practitioners. Material risks are those that a reasonable person in the patient’s position would likely attach significance to, or if the medical practitioner is or should reasonably be aware that the particular patient, if warned of the risk, would attach significance to it (Rogers v Whitaker [1992] HCA 58; Wallace v Kam [2013] HCA 19). A more recent case Moracz v Marshman 2016 NSWCA 202 (sometimes called “The Sweaty Palms Case” re-examined the principle of material risk and duty to warn.

Moracz v Marshman (The Sweaty Palms Case) is an interesting case in the NSW Supreme Court that explored the threshold necessary to successfully establish failure to warn and was a re-visitation of the duty of medical practitioners and other health professionals to warn patients of the material risk of a proposed procedure or treatment. The plaintiff (Ms Moracz) was unsuccessful in the court of original jurisdiction which was the NSW Supreme Court and later appealed to the NSW Court of Appeal. Dr Marshman was a respondent to this appeal. Read Moracz v Marshman 2016 NSWCA 202 by clicking on the hyperlink

The Task

Using short answers you must answer EACH of the questions and any subsections of questions listed below. Please note there is a word limit attached to each of these questions which must be observed.

1.In reading the law report on the Moracz v Marshman case answer the following questions (500 words).
a. Discuss the facts of this case that the Court considered included the reasons for the case being brought to trial by the plaintiff and the clinical evidence presented by the defendant.
b. What was held as by the trial judge Harrison J
c.What cases were relied upon as precedent by the trial judge.
d. Describe the reasons why these cases were relied upon in the judgement.
e. On what grounds was the appeal lodged.
f. What was the outcome of the appeal and what reasons did the Appeal Judge give for his decision.
2. What are the implications for clinical practice as a result of this case and provide evidence from the literature in your answer with full citation (1000 words).
3.What are the implications for health services managers as a result of this case and provide evidence from the literature in your answer with full citation (1000 words)

Moracz v Marshman Case Discussion

You must proofread your paper. But do not strictly rely on your computer’s spell-checker and grammar-checker; failure to do so indicates a lack of effort on your part and you can expect your grade to suffer accordingly. Papers with numerous misspelled words and grammatical mistakes will be penalized. Read over your paper – in silence and then aloud – before handing it in and make corrections as necessary. Often it is advantageous to have a friend proofread your paper for obvious errors. Handwritten corrections are preferable to uncorrected mistakes.

Use a standard 10 to 12 point (10 to 12 characters per inch) typeface. Smaller or compressed type and papers with small margins or single-spacing are hard to read. It is better to let your essay run over the recommended number of pages than to try to compress it into fewer pages.

Likewise, large type, large margins, large indentations, triple-spacing, increased leading (space between lines), increased kerning (space between letters), and any other such attempts at “padding” to increase the length of a paper are unacceptable, wasteful of trees, and will not fool your professor.

The paper must be neatly formatted, double-spaced with a one-inch margin on the top, bottom, and sides of each page. When submitting hard copy, be sure to use white paper and print out using dark ink. If it is hard to read your essay, it will also be hard to follow your argument.

ADDITIONAL INSTRUCTIONS FOR THE CLASS

Discussion Questions (DQ)

Initial responses to the DQ should address all components of the questions asked, include a minimum of one scholarly source, and be at least 250 words.
Successful responses are substantive (i.e., add something new to the discussion, engage others in the discussion, well-developed idea) and include at least one scholarly source.
One or two sentence responses, simple statements of agreement or “good post,” and responses that are off-topic will not count as substantive. Substantive responses should be at least 150 words.
I encourage you to incorporate the readings from the week (as applicable) into your responses.
Weekly Participation

Your initial responses to the mandatory DQ do not count toward participation and are graded separately.
In addition to the DQ responses, you must post at least one reply to peers (or me) on three separate days, for a total of three replies.
Participation posts do not require a scholarly source/citation (unless you cite someone else’s work).
Part of your weekly participation includes viewing the weekly announcement and attesting to watching it in the comments. These announcements are made to ensure you understand everything that is due during the week.
APA Format and Writing Quality

Familiarize yourself with APA format and practice using it correctly. It is used for most writing assignments for your degree. Visit the Writing Center in the Student Success Center, under the Resources tab in LoudCloud for APA paper templates, citation examples, tips, etc. Points will be deducted for poor use of APA format or absence of APA format (if required).
Cite all sources of information! When in doubt, cite the source. Paraphrasing also requires a citation.
I highly recommend using the APA Publication Manual, 6th edition.
Use of Direct Quotes

I discourage overutilization of direct quotes in DQs and assignments at the Masters’ level and deduct points accordingly.
As Masters’ level students, it is important that you be able to critically analyze and interpret information from journal articles and other resources. Simply restating someone else’s words does not demonstrate an understanding of the content or critical analysis of the content.
It is best to paraphrase content and cite your source.
LopesWrite Policy

For assignments that need to be submitted to LopesWrite, please be sure you have received your report and Similarity Index (SI) percentage BEFORE you do a “final submit” to me.
Once you have received your report, please review it. This report will show you grammatical, punctuation, and spelling errors that can easily be fixed. Take the extra few minutes to review instead of getting counted off for these mistakes.
Review your similarities. Did you forget to cite something? Did you not paraphrase well enough? Is your paper made up of someone else’s thoughts more than your own?
Visit the Writing Center in the Student Success Center, under the Resources tab in LoudCloud for tips on improving your paper and SI score.
Late Policy

The university’s policy on late assignments is 10% penalty PER DAY LATE. This also applies to late DQ replies.
Please communicate with me if you anticipate having to submit an assignment late. I am happy to be flexible, with advance notice. We may be able to work out an extension based on extenuating circumstances.
If you do not communicate with me before submitting an assignment late, the GCU late policy will be in effect.
I do not accept assignments that are two or more weeks late unless we have worked out an extension.
As per policy, no assignments are accepted after the last day of class. Any assignment submitted after midnight on the last day of class will not be accepted for grading.
Communication

Communication is so very important. There are multiple ways to communicate with me:
Questions to Instructor Forum: This is a great place to ask course content or assignment questions. If you have a question, there is a good chance one of your peers does as well. This is a public forum for the class.
Individual Forum: This is a private forum to ask me questions or send me messages. This will be checked at least once every 24 hours.