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Informed consent or Assumption are the same.

Different in terms of voluntariness

Informed consent - do not hide anything if material, any material risk, element of voluntariness is
absent, because you will compelled by your illness.

Assumption of risk – Element of voluntariness, everything is voluntariness 100%,primary assumption and


secondary assumption

Medical practice – claim to redress a wrong

Elements of Medical malpractice


1.Duty – Doctor patient relationship, if you are not the attending physician you can’t sue the doctor
2.Breach – Standard of care
3.Proximate cause
4. Injury

Emergency rule – it is presumed that a person responding in emergency cannot think clearly, there is no
time to reflect in the consequence of action.

Reasonable care -

Illegal practice of Medicine – practice without license

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