Philippine Bar review · Question

Practice question: Medical Negligence and Malpractice

Multiple Choice Hard

Practice question

A patient proves a material risk was not disclosed and suffered an injury from treatment, but the court establishes that disclosure would not have changed the patient’s decision and no other causal theory is proved. The claimant says decision causation is unnecessary. Under Que’s informed-consent elements, which is correct?
  1. That specific claim lacks the stipulated decision-causation element
  2. Every omitted risk necessarily proves all causation
  3. The patient’s established choice must be ignored
  4. Injury automatically makes disclosure legally impossible
  5. The doctor’s signature alone supplies the missing causal fact

Legal references

  • Que v Philippine Heart Center GR268308 April2,2025 MAIN: https://lawphil.net/judjuris/juri2025/apr2025/gr_268308_2025.html Informed consent elements, material risks, decision causation and competent evidence.

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