Breen v Williams - Case Brief PDF

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Summary

Case Brief...

Description

CASE BRIEF TEMPLATE Name of Case

Breen v Williams

Citation and Court

(1995) 186 CLR 71 High Court of Australia

Material Facts

Breen had breast augumentation in 1977 with silicone breast implants. In 1978 she noticed that capsules had formed in her breasts and she sought the advice and treatment of Dr Williams.  Years later she devoped complications and she joined an American class action against the manufacturer of the implants, Dow Corning Corporation.  That action was settled, but Australian litigants needed to file their medical records with the United States District Court.  She sought her medical records from Dr Williams.  He agreed to provide them on the basis that Breen release him from any liability in relation to the treatment that he provided.  Breen refused to do so and asserted that she had a right to access her medical records.  That argument was based on many heads, including contractual rights, property rights, and fiduciary duties. The issue was concerned with whether the relationship between a patiend and a doctor was a fiduciary relationship which gave rise to a right for patients to be able to demand production of the medical records

Legal Issue

 

Relevant Law Application of Law to the Facts

Conclusion

Gaudron & Mchugh JJ: Not fid for all purposes. A person may stand in a fed relationship for some purposes and not others (Hospital Products). The law imposes on a Dr a duty to ‘exercise reasonable care and skill in the provision of professional advice and treatment’ not a general duty to act ‘with the utmost good faith and loyalty’ pg 256 Unanimously found that there was no right to demand the access of the medical records which could be founded on breach of fiduciary duty, nor on any contractual or property rights....