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The question of whether a breach of the standard of disclosure is the actual and legal cause of the patient’s injury (and any losses or expenses claimed by the plaintiff as a result of that injury) is decided on the basis of the modified objective test which requires a determination of whether a reasonable person, in the position of the patient but informed of the options for treatment and the expected benefits and relative risks of those options, would have decided to proceed with the treatment that caused the patient’s injury.
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