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).
TypeArticle
TitleCausation in medical litigation and the failure to warn of inherent risks
AuthorsBarton-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.

KeywordsCausation, Failure to warn, Medical Negligence, Inherent Risks, Informed Consent
Research GroupLaw and Politics
PublisherJMN Medical Education Ltd
JournalBritish Journal of Medical Practitioners
ISSN1757-8515
Publication dates
PrintDec 2015
Publication process dates
Deposited10 Dec 2015
Accepted05 Nov 2015
Output statusPublished
Publisher's version
License
Web address (URL)http://bjmp.org/files/2015-8-4/bjmp-2015-8-4-a834.pdf
LanguageEnglish
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