Informational Disclosure

Question 1

What was the legal principle in the case of Chatterson v Gerson  1981?

Accepted Answer

Once a patient is informed in broad terms of the mater of the procedure which is intended and gives consent, that consent is real.

Answer

The risk is material when a reasonable person would be likely to attach significance to the risk when deciding whether or not to forgo the proposed therapy.

Question 2

The three stages to an action in negligence are: 1) D must owe C a duty of care 2) D breached that duty of care 3) The breach caused C's injuries

Answer

true

Question 3

What is the Bolam test?

Accepted Answer

A doctor is not negligent if he acted in accordance with a practice accepted as proper by a responsible body of medical men  skilled in that particular art

Answer

All risks potentially affecting the decision must be unmasked

Question 4

What was the dissenting judgment in the case of Sidaway v Board of Gov Bethlem Royal Hospital 1985?

Accepted Answer

The profession should not be judge in its own cause. The courts should not allow medical opinion as to what is best for the patient (best interest principal) to override the patient's right to decide for himself (self-determination/autonomy principal) - Lord Scarman

Answer

Issue of non disclosure should be a breach of the doctor's duty of care when decided primarily on the basis of expert medical evidence

Question 5

Ian Kennedy pointed out the flaw in Lord Bridge's judgment ( substantial and grave 10% risk) in the case of Sidaway 1895 by asking the central question "substantial and grave to whom" - and if it entails that the court should judge whether a particular risk is substantial and grave, then in practice this assessment would not be very different from what the courts would have to do if they were to apply the prudent patient test ( Canterbury case 1972), which Lord Bridge had -ironically- dismissed as unworkable.

Answer

true

Question 6

The Bolam test is not necessarily decisive, and a judge may come to the conclusion that non-disclosure was negligent despite evidence of its conformity with responsible medical practice.

Answer

true

Informational Disclosure

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