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Negligence is mainly in the realm of Civil Law and Common Law. Suppose that a doctor is sued for negligence by a patient. It would have to be proved that:
- The doctor owed a duty of care to the patient - That the doctor was in breach of the appropriate standard of care imposed by the law - That the breach of duty caused the patient harm meriting compensation.
In order for patients to choose whether to have an operation, or a diagnostic test, they need information. In particular they need information about the benefits and risks. A doctor may be negligent in not telling the patient about relevant risks before the patient gives consent for the operation or procedure.