What is the test for an informed consent claim in an obstetric case?

With respect to the defendants’ argument that the informed consent claim is statute barred, the position of the plaintiffs submit that this position rests on whether the Paxton v. Ramji principle applies in obstetric cases. There have been a number of cases which have judicially considered Paxton v. Ramji since it was decided and those cases have held that a physician’s duty of care to a pregnant woman extended also to her fetus.[4]