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CANTERBURY v SPENCE - Essay Example

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The plaintiff Canterbury had arranged to get a surgery after experiencing back pains for sometime and he consulted doctor Spence the defendant in the case since he was a neurosurgeon as he had visited all hospitals without any lack. The defendant did not tell the plaintiff the…
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CANTERBURY v SPENCE
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"CANTERBURY v SPENCE"

Download file to see previous pages After the fall another surgery was done on him so that he could recuperate and at this time his condition improved.
Canterbury sued the defendant for lack of disclosure and the hospital for negligence for lacking to place the bedrail to avoid the fall. The question that arose in this case was whether the doctor has a right to inform or disclose information to the patients about their medical condition for purpose of their treatment.
It was held that the any patient has a right to know the physician’s diagnosis because of the risks that attaches to the surgery, also to ensure the patient understands the proposed surgery. Although it was decided that the doctor has a right of disclosure there are circumstance that these rule is exempted for instance; if a patient is unconscious and a greater harm would occur to the patient if the surgery was not carried out. Secondly, if disclosing the patients illness would cause a threat to his or her well ...Download file to see next pagesRead More
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