de Costa and Tam, ‘Liability for providing a prognosis in surgical practice’

Abstract:
The common law’s development of the doctrine of informed consent has progressively imposed broader obligations on surgeons to provide patients with information about the surgical and alternative treatment choices available. Prognosis is critical because the patient cannot provide informed consent without information about the likely evolution of the physiological or pathological processes involved in the surgery under consideration. But does the duty of care that a surgeon owes a patient require a precise prognosis to be given in every case? A recent decision of the Court of Appeal considers that question.

Alex de Costa and Amy Tam, Liability for providing a prognosis in surgical practice, Medico-Legal Journal. First Published March 24, 2017.

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