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Consent to transfusion - Irish Blood Transfusion Service

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THE LEGAL DOCTRINE OF<br />

INFORMED CONSENT:<br />

THE STANDARD OF CARE IN<br />

INFORMED CONSENT<br />

Rogers v Whitaker<br />

[1992] 67 ALJR 47<br />

A Medical Practitioner would breach his/her duty if<br />

he/she failed <strong>to</strong> warn a Patient of a Material Risk<br />

inherent in the proposed treatment or procedure.<br />

A “Material Risk” is defined as one that a reasonable<br />

person in the Patient’s position, if warned of the risk,<br />

would be likely <strong>to</strong> attach significance <strong>to</strong> it.

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