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Which of the following is the consequence when a patient signs a medical consent form before an operation?
A The patient gives up any right of action for any injury suffered
B Any action for any injury suffered during the operation is limited to negligence
C The level of any potential payment for any injury suffered is reduced
答案:The answer is B
Where a defendant's actions carry the risk of negligence being committed they will have a defence if it can be proved that the claimant consented to the risk.
Volenti non fit injuria literally means the voluntary acceptance of the risk of injury. This defence is available to the defendant where both parties have expressly consented to the risk (such as waiver forms signed by a patient who is about to undergo an operation).
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