Law 3101A/B Lecture Notes - Lecture 4: Fiduciary, Infection, Condom
29 Jan 2016
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Reasoning of court, decision of court, and principle in which the. Only know cases on the list decision is based. Once a patient provides an otherwise valid consent, it must be determined if any factors would negate the consent. If the consent is negated, the situation will be treated as if there was no consent at all. The courts have recognized four factors that will negate consent, but traditionally defined them narrowly. If a patient consents to treatment based on a mistaken belief that a practitioner is responsible for creating (not aware of, but created), the consent will be negated. And health care practitioner will be responsible. If a doctor overstates the benefits of laser eye surgery and understates the problems, and you go through with the surgery, that"s a mistaken belief. Fraud includes knowingly making a false statement, making a statement in total disregard as to its truth, or knowingly creating a misleading impression by omitting relevant information.
