Is a physician liable for failing to obtain informed consent?

California, United States of America


The following excerpt is from Duncan v. McCormack, A138211 (Cal. App. 2015):

A physician is liable for failure to obtain informed consent only when the failure to disclose causes the injury. (Spann v. Irwin Memorial Blood Centers (1995) 34 Cal.App.4th 644, 657.) " 'There must be a causal relationship between the physician's failure to inform and the injury to the plaintiff. Such causal connection arises only if it is established that had revelation been made consent to treatment would not have been given.' [Citation] . . . . [C]ausation must be established by an objective test: that is, the plaintiff must show that reasonable 'prudent person[s]' in the patient's position would decline the procedure if they knew all significant perils. [Citations.]" (Ibid., original italics.)

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