Malpractice Action in Negligence for Breach of the Standard of Disclosure

In a malpractice action in negligence for breach of the standard of disclosure, the plaintiff must establish that:

  • The defendant breached the standard of disclosure required by the common law (the law made by judges); and
     
  • The breach of that standard was 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).

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