DUTY OF DOCTOR TO INFORM THE RISKS

Medical Negligence and Duty of Care

11.4.1 Medical negligence comprises of the following constituents:

(1)

A legal duty to exercise due care on the part of the medical professional;

(2)

failure to inform the patient of the risks involved;

(3)

the patient suffers damage as a consequence of the undisclosed risk by the medical professional;

(4)

if the risk had been disclosed, the patient would have avoided the injury;

(5)

breach of the said duty would give rise to an actionable claim of negligence.


Hon'ble Supreme Court of India in the case of Maharaja Agrasen Vs Master Rishab

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