California, United States of America
The following excerpt is from Wilson v. Merritt, 142 Cal.App.4th 1125, 48 Cal.Rptr.3d 630 (Cal. App. 2006):
"[A] physician is liable only where the failure to disclose causes the injury. [Citations.] `There must be a causal relationship between the physician's failure to inform and the injury to the plaintiff. Such causal connection arises only if it is established that had revelation been made consent to treatment would not have been given.' [Citation.] Moreover, causation must be established by an objective test: that is, the plaintiff must show that reasonable `prudent person[s]' in the patient's position would decline the procedure if they knew all significant perils. [Citations.]" (Spann v. Irwin Memorial Blood Centers, supra, 34 Cal.App.4th at p. 657, 40 Cal.Rptr.2d 360.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.