What constitutes a lack of informed consent in medical malpractice cases?
MultiRegion, United States of America
The following excerpt is from Jorgenson v. Haak, Case No. 1:17-cv-00817-NONE-EPG (PC) (E.D. Cal. 2020):
"A claim based on lack of informed consentwhich sounds in negligencearises when the doctor performs a procedure without first adequately disclosing the risks and alternatives. In contrast, a battery is an intentional tort that occurs when a doctor performs a procedure without obtaining any consent." Saxena v. Goffney, 159 Cal. App. 4th 316, 324 (2008).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the failure to appoint an expert in a medical malpractice case constitute a constitutional violation? (MultiRegion, United States of America)
What constitutes a "serious medical need" in a medical malpractice case? (MultiRegion, United States of America)
Is there any case law where a plaintiff's medical malpractice claim that the medical treatment he received was medically unacceptable? (MultiRegion, United States of America)
Can an application for discretionary relief from the Court of Arbitration for Disproportionate Medical Demand be made in a medical malpractice case? (Canada (Federal), Canada)
Is there any case law where the medical director or medical council was 'subjectively aware' of a serious medical need and failed to respond? (MultiRegion, United States of America)
What constitutes deliberate indifference in medical malpractice cases? (MultiRegion, United States of America)
Does medical malpractice constitute a constitutional violation? (MultiRegion, United States of America)
What is the current state of the law on medical malpractice in medical malpractices? (MultiRegion, United States of America)
What is the test for damages in the case of an inmate who alleges that he was denied access to medical records due to medical malpractice? (MultiRegion, United States of America)
How have courts treated medical indifference claims in medical malpractice cases? (MultiRegion, United States of America)
