... distinct parts, one of which is the duty to provide information. If a claimant contends that he was not warned about a risk in a procedure he will need to prove that the risk should have been disclosed, therefore confirming the defendant has breached her duty to provide information. He would then need to confirm that, had that risk been disclosed, he would not have consented to the treatment proposed. The claimant must prove on a balance of probabilities that the defendant's breach of duty caused his injuries and this is notoriously difficult in cases of disclosure of risk (2). In cases involving disclosure of risks it is accepted that the "but for" test of factual causation must be applied. This means that the claimant should be able to say 'but for' the defendants negligence, the injury would not have occurred, therefore establishing a direct causal connection. The claimant would need ...

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