Law Professor Quoted and Cited on Medical Treatment and Risk by Singapore Court of Appeal

Work by Prof Jose Miola was utilised by the Singapore Court of Appeal in a major case on risk disclosure by medical professionals.

An article by Professor Jose Miola was relied upon by the Chief Justice of Singapore in the Singapore Court of Appeal in its decision in the case of Hii Chii Kok v Oii Peng Jin London Lucien [2017] SGCA 38. The decision was in relation to the materiality of risk (how much information a doctor must provide a patient about risks before medical treatment is lawful).

The cited article (J. Miola, 'On the Materiality of Risk: Paper Tigers and Panaceas' (2009) Med L Rev 79) published in the Medical Law Review, considered how a court might determine whether any particular risk should be deemed 'material' and thus have to be disclosed by doctors to patients. It critically analysed the law in England, Australia and New Zealand, following research funded by the British Academy where Prof Miola spent time as a visiting scholar at the University of Melbourne in Australia and the University of Otago in New Zealand.

Professor Miola's work is cited in paragraphs 111 and 145 of the judgement, Hii Chii Kok v Oii Peng Jin London Lucien [2017] SGCA 38.

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