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Lack of Informed Consent

Navigation:  Home > Medical Malpractice > Lack of Informed Consent


The elements of a cause of action against a physician for failure to obtain informed consent are: the physician's failure to inform the plaintiff of all material risks associated with the procedure, and a showing that a reasonably prudent patient, with all the characteristics of the plaintiff and in the position of the plaintiff, would have declined the procedure had the patient been properly informed by the physician. A medical procedure performed without the consent of a patient constitutes an assault and battery or a trespass to the person.

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