Page 215 - Magistrates Conference 2019

How precisely do you define the issue?

⚫ Was the doctor negligent?

⚫ Was the doctor negligent because he operated without getting the

plaintiff’s informed consent?

⚫ ….because he operated without explaining the material risks of the

operation

⚫ ….because he operated without explaining the risk of stroke or paralysis,

and thus without the plaintiff’s informed consent to the surgery.

⚫ The deep issue

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