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Lack of Informed Consent vs. Battery

A recent decision by the California Court of Appeal explores the relationship between the doctrine of informed consent and the intentional tort of battery. The case, <i>Saxena v. Goffney</i>, which was decided Jan. 24, illustrates the importance to both plaintiff and defense teams of keeping the two theories straight, not only in argument but in formulating the jury instructions. Failure to do so could result in reversal on appeal.

10 minute read February 27, 2008 at 07:33 AM
By
David M. Axelrad
Lack of Informed Consent vs. Battery

A recent decision by the California Court of Appeal explores the relationship between the doctrine of informed consent and the intentional tort of battery. The case, Saxena v. Goffney,

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