omission de divulguer

CONT: [ ... ] l'omission de divulguer les risques que comporte l'opération quelle que soit leur importance, devrait relever de la négligence et non des voies de fait.
CONT: Il a formulé la question du consentement éclairé [ ... ] sur le fondement des voies de fait et de la négligence résultant du défaut de divulguer les risques courus.

CONT: Since liability rests only in negligence, in a failure to disclose material risks, the issue of causation would be in the patient's hands on a subjective test, and would, if his evidence was accepted , result inevitably in liability unless, of course, there was a finding that there was no breach of the duty of disclosure
CONT: The principal issue considered by the Court of Appeal was whether the loss suffered by the patient was caused by the failure of disclosure by the doctor, or whether it would have occurred even if there had been full and proper disclosure.