Civil liability arising from doctor's duty to inform

Consent to a medical intervention is a prerequisite of legal validity of the medical intervention. For the validity of such consent, the doctor shall inform his/her of medical intervention. Thus, duty to inform, functions as a precondition to consent. The doctor shall inform his/her patient of features of medical intervention, its risks and benefits, success rate, alternatives, consequences in the event of refusal of intervention. If the patient suffers damages arising from violation of doctor's duty to inform, the doctor shall compensate the inflicted damages. The legal basis (nature) of such a liability is usually a contract of mandate or a tort. Damages in assets of patient nominate the scope of material compensation. Decrements in patient's personal values nominate the scope of intangible compensation. The doctor is the party with the burden of proving performance of duty to inform. The doctor can be relieved of his obligations by fulfilling some certain conditions.