§ 27-18 Medical Malpractice - Doctrine of Informed Consent -lack of Informed Consent
| Library | South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.) |
§ 27-18 Medical Malpractice - Doctrine of Informed Consent -Lack of Informed Consent
When a patient alleges that an unrevealed hazard has caused him injury, the patient must prove a lack of informed consent by expert testimony which establishes:
(1) the professional standard for disclosure in the defendant's branch of medicine; and
(2) the defendant's breach of that standard in the circumstances of the particular case.
The plaintiff patient must prove a breach of the duty of disclosure by the...
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