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Content of medical information and unpredictable results in Spanish law
1Department of Private Law, Public University of Navarra, Pamplona, 31006, Spain. leyre.elizari@unavarra.es
Abstract:
In this study we consider the problem of content of medical information the patient must receive before a medical treatment. Specifically, Spanish law doesn't clarify if doctors must inform patients about every known risk or consequence inherent to an operation, or only about the most probable ones. There have been several contradictory judicial decisions of the Supreme Court about this, and in some cases it's been affirmed that the duty of information is not absolute, while in other decisions it's been affirmed just the opposite.
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