Causation in medical litigation and the failure to warn of inherent risks

Barton-Hanson, Jem and Barton-Hanson, Renu ORCID: https://orcid.org/0000-0002-0633-7080 (2015) Causation in medical litigation and the failure to warn of inherent risks. British Journal of Medical Practitioners, 8 (4) . ISSN 1757-8515 [Article]

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Abstract

Patients who have not been warned of risks involved in a course of treatment traditionally had to establish that, had they been properly informed, they would have opted for a different path. This paper demonstrates that there has been a shift in judicial attitudes; it is no longer enough that medical professionals satisfy their duties to patients, rather they must ensure their patients have the knowledge required to make an autonomous decision. It further shows that the law on causation has been extended on policy grounds to give remedies to a greater class of patients.

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