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Type: Book chapter
Title: Patient consent conversations
Author: Richards, B.
Citation: Legal and forensic medicine, 2013 / Beran, R. (ed./s), Ch.51, pp.853-864
Publisher: Springer Berlin Heidelberg
Publisher Place: Heidelberg
Issue Date: 2013
ISBN: 9783642323379
Statement of
Bernadette Richards
Abstract: The law recognizes two quite distinct wrongs: there is the intentional interference with bodily integrity and there is negligence, which is not about the actual touching of the patient but about expectations regarding information provided prior to medical treatment. Both situations are referred to as consent but deal with quite distinct legal issues. The question of trespass is relatively straightforward and will not be dealt with in any great detail here; the content of the pre-treatment conversation poses much more complex legal questions and will be the focus of this chapter. An appropriately informed patient is empowered to make decisions about their treatment options and the legal question ofwhether or not appropriate levels of information have been provided is addressed through consideration of professional standards of care. This chapter will explain the legal test for standard of care and considerations of damage and causation. It provides a clear outline of negligence law as it applies to the pre-treatment conversation.
Rights: © Springer-Verlag Berlin Heidelberg 2013
RMID: 0020134002
DOI: 10.1007/978-3-642-32338-6_32
Appears in Collections:Law publications

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