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Consent Patient Informed Disclose Risk Medical Procedure Failure

Front Informed consent for medical procedure
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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