What is the liability of a physician for lack of informed consent?
California, United States of America
The following excerpt is from Enholm v. Cohen, D067252 (Cal. App. 2016):
Liability for lack of informed consent attaches if (1) the physician failed to disclose a known material risk inherent in the treatment, (2) the risk materialized, (3) there is a casual relationship between the physician's failure to inform and the plaintiff's injury because a reasonable person would have declined the treatment had she been informed of the risk. (Cobbs v. Grant, supra, 8 Cal.3d at pp. 244-245.)
"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
Is a physician liable for failing to obtain informed consent? (California, United States of America)
If an informant's information is sufficient to establish probable cause for arrest, is that information sufficient to warrant arrest? (California, United States of America)
Is there any liability for lack of informed consent? (California, United States of America)
How have courts interpreted consent in cases involving consent and consent? (California, United States of America)
What is the test for making a reasonable grounds for arrest within a police department by one officer transmitting information purportedly received from an informer to another officer who had not received such information? (California, United States of America)
Can an informant be motivated to inform on a defendant by a promise of leniency? (California, United States of America)
What is the effect of a liability-imposing rule of liability for auditors in accounting? (California, United States of America)
What is the current state of the law on informed consent? (California, United States of America)
In the absence of a decision by the California Supreme Court on the issue of consent for searches and seizures, what is the effect of the consent process in the context of this issue? (California, United States of America)
Is liability under section 13385 of the California Civil Code for polluting the environment limited to a public entity's liability under Section 13350, subdivision (a) of the Government Code? (California, United States of America)
