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Tort

This topic has 3 replies, 2 voices, and was last updated 5 years ago by mrjonbain.

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October 23, 2019 at 1:39 pm #550513
xyzc
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Question: Which of the following is the consequence when a patient signs a medical consent form before an operation?
a) The patient gives up any right if action for any injury suffered
b) Any action for any injury suffered during the operation is limited to negligence.
c) The level of any potential payment for any injury suffered is reduced.
October 23, 2019 at 3:29 pm #550541
mrjonbain
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Not sure where you obtained this question.The answer would depend on a number of factors.It would generally limit a patient from taking tortious action on assault or battery if validly obtained.Answer a is incorrect.I think c may be correct as volenti concept would probably apply to this scenario.
October 24, 2019 at 11:28 am #550645
xyzc
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Option b is given as the correct answer in but with no explanation.
October 24, 2019 at 11:47 am #550651
mrjonbain
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Answer b seems the most applicable, as I stated above, torts of assault and battery would not apply if consent obtained validly.
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