Is there any liability for lack of informed consent?
California, United States of America
The following excerpt is from Enholm v. Cohen, D067252 (Cal. App. 2016):
Liability for lack of informed consent attaches if (1) the physician failed to disclose a known material risk inherent in the treatment, (2) the risk materialized, (3) there is a casual relationship between the physician's failure to inform and the plaintiff's injury because a reasonable person would have declined the treatment had she been informed of the risk. (Cobbs v. Grant, supra, 8 Cal.3d at pp. 244-245.)
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