Philosophy 2080 Lecture Notes - Lecture 6: Contributory Negligence, Lift Ticket, Informed Consent
17 Feb 2016
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Said you can"t have battery unless there was misrepresentation or fraudulent misrepresentation. Battery is about your subjective right to make a decision about your treatment yourself, you can consent or say no. Supreme court also agreed that it wasn"t battery. Nunc protunc you made a technical mistake when you made the case, but the court will accept it as if it was done properly. Jury is part of the doctors job to give them the risks quantitatively (in percentage) Judge doctor didn"t explain potential risks, procedure of operation. Plaintiff was having headaches, didn"t realise that it wasn"t going to solve his headaches, was only 18 months away from retiring on full pension. Were concerned that jury wouldn"t understand statistical: supreme court analysis. Expert witnesses there to explain things to the normal person, but when they speak they have an opinion and their opinion is the only opinion that"s allowed to be included in the case.
