Causation in medical litigation and the failure to warn of inherent risks
Article
Barton-Hanson, J. and Barton-Hanson, R. 2015. Causation in medical litigation and the failure to warn of inherent risks. British Journal of Medical Practitioners. 8 (4).
Type | Article |
---|---|
Title | Causation in medical litigation and the failure to warn of inherent risks |
Authors | Barton-Hanson, J. and Barton-Hanson, R. |
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. |
Keywords | Causation, Failure to warn, Medical Negligence, Inherent Risks, Informed Consent |
Research Group | Law and Politics |
Publisher | JMN Medical Education Ltd |
Journal | British Journal of Medical Practitioners |
ISSN | 1757-8515 |
Publication dates | |
Dec 2015 | |
Publication process dates | |
Deposited | 10 Dec 2015 |
Accepted | 05 Nov 2015 |
Output status | Published |
Publisher's version | License |
Web address (URL) | http://bjmp.org/files/2015-8-4/bjmp-2015-8-4-a834.pdf |
Language | English |
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