...substantial harm. the patient understanding what is to be done and the significant risks involved.102 A physician violates his duty to his patient and subjects...the basis of an intelligent consent by the patient, or minimizes the known dangers of a procedure or operation in order to induce his patient's consent.103...

...in the face of such a doctrine was clearly recognized in the Sdlgo case (discussed supra) : "* * * a physician violates his duty to his patient and subjects...dangers of a procedure or operation in order to induce his patient's consent. At the same time, the physician must place the welfare of his patient above...

...or activity at any time. In other words, the clinical investigator may not withhold from the subject any facts which are necessary to form the basis of an intelligent consent to the proposed investigation. In addition, it forbids the inclusion of any exculpatory language in...

...Board of Trustees (Cal. Dist. Ct. App. 1957) illustrates this point: A physician violates his duties to his patient and subjects himself to liability if...dangers of a procedure or operation in order to induce his patient's consent. At the same time, the physician must place the welfare of his patient above...

...Stanford Jr. Univ. Bd. of Trust™ and Woods v. Brumlop.': The Salgo case imposes liability on a physician 'if he withholds any facts which are necessary to...consent by the patient to the proposed treatment'. " At the same time, however, it was also held that 'in discussing the element of risk a certain amount...

...failing to warn him of the risk of paralysis. The court found that physicians had the duty to disclose "any facts which are necessary to form the basis of an intelligent consent by the patient to proposed treatment."37 The Salgo court suggested, without any accompanying analysis, that this new...

...University Board of Trustees, 154 Cal. App. 2d 560, 317 P.2d 170 (Dist. Ct. App. 1957), the court stated: A physician violates his duty to his patient and subjects...consent by the patient to the proposed treatment. Id_. 317 P. 2d at 181. 18. In Mitchell v. Robinson, 334 SW2d 11 (Mo. 1960), a case in which a schizophrenic...

...in the procedure. The relevant section of the opinion of the court in Salgo begins very forcefully: "A physician violates his duty to his patient and...consent by the patient to the proposed treatment" ([23], p. 578). But qualifications are soon added: "[I]n discussing the element of risk a certain amount...

...physician must have sought and obtained consent with regard to the particular procedure performed31. A physician violates his duty to his patient and subjects himself to civil liability, at Common Law either in battery or in negligence, at Civil Law in negligence32, if...

...originated in a 1957 California decision (Salgo) holding a physician liable for damages for withholding "any facts which are necessary to form the basis of an intelligent consent to the proposed treatment'' and calling for "full disclosure of facts necessary to an informed consent."...