Risk, consent and responsibility for outcome

Alasdair Maclean

    Research output: Contribution to journalArticlepeer-review

    Abstract

    Comments on the House of Lords judgment in Chester v Afshar on whether a surgeon was liable in negligence for failing to warn the claimant about the risk of paralysis resulting from an operation where she claimed that had she known about the risk she would have delayed the operation, but could not rule out the possibility that she would have consented at a later date. Considers the nature and extent of the damages available to the claimant. © 2011 Sweet & Maxwell
    Original languageEnglish
    Pages (from-to)57-65
    Number of pages9
    JournalNottingham Law Journal
    Volume14
    Issue number1
    Publication statusPublished - 2005

    Keywords

    • Causation
    • Clinical negligence
    • Duty to warn
    • Informed consent
    • Measure of damages
    • Surgical procedures

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