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Case Summaries
3396 In deciding whether there was a substantial risk connected with a medical procedure, a jury is required to rely solely on expert testimony, but once it determines that there was a substantial risk, its determination regarding failure to obtain the patient's informed consent should be made regardless of expert testimony.
BETTERTON v LEICHTLING (Duty to Inform) 101 CA4 749 [See: Cobbs v Grant 8 C3 229; Arato v Avedon 5 C4 1172, T/AT 11/93; Daum v SpineCare 52 CA4 1285, T/AT 4/97 ]
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