Thomas A. Moore and Matthew GaierFailure to Adequately Inform Patients
"Among the various genres of medical negligence for which physicians may be held liable is the failure to properly advise or inform patients regarding the risks involved with medical conditions and the modes of diagnosis and treatment. Instinctively, attorneys handing cases involving such claims often regard them as sounding in a cause of action for lack of informed consent."
February 05, 2025 at 08:27 AM
13 minute read
Among the various genres of medical negligence for which physicians may be held liable is the failure to properly advise or inform patients regarding the risks involved with medical conditions and the modes of diagnosis and treatment. Instinctively, attorneys handing cases involving such claims often regard them as sounding in a cause of action for lack of informed consent.
However, decisional law that has grafted the requirement of an affirmative invasion or disruption of the integrity of the body onto that cause of action -- decisional law which, in our view, is misguided -- significantly limits its application.
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