Front | Informed consent for medical procedure |
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Back | Failure of Dr. to get informed consent = breach of the Dr's duty to patient Majority: informed consent based on custom of physicians Minority: must disclose any material risk No obligation to disclose when: i) Risk is commonly known; ii) Patient cannot give consent (e.g. unconscious); iii) The patient waives or refuses the information; iv) The patient is incompetent (must make a reasonable attempt to secure informed consent from a guardian); or v) The disclosure would be detrimental to the patient |
Tags: torts
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