Background
In Gawthrop v Bendigo Health [2026] VSC 157, the Supreme Court of Victoria examined the context surrounding informed consent. The plaintiff presenting to hospital in labour was advised to undergo a vaginal examination as part of routine care for admission to the birthing unit. When she refused in accordance with her birth plan, she was told that she would neither be admitted to hospital, given pain relief, or her own private midwife called (noting it was after hours). The plaintiff eventually agreed to undergo the examination after repeated requests from the birth unit midwife.
A central issue in this case is whether this agreement amounted to valid, informed consent.
Informed consent
