What the plaintiff would have done in informed consent cases

Cockburn, Tina (2010) What the plaintiff would have done in informed consent cases. Precedent, pp. 10-13.

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Abstract

Both at common law and under the various civil liability acts, in deciding liability for breach of duty, the plaintiff always bears the onus of proving, on the balance of probabilities, any fact relevant to the issue of causation. For plaintiffs in medical negligence claims founded on negligent failure to provide sufficient information (informed consent cases), this onus involves persuading the court to make a favourable determination as to what a particular patient would have done (from a subjective perspective) in the hypothetical situation of the defendant not being negligent (that is, in the event that the medical practitioner had provided sufficient information to the patient)

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ID Code: 62254
Item Type: Journal Article
Refereed: No
Keywords: causation , medical negligence, infomed consent
ISSN: 1449-7719
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Deposited On: 03 Sep 2013 03:01
Last Modified: 05 Sep 2013 04:02

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