Liability for the violation of the right to information and consent of the patient.

The patient has the right to give his informed consent to a medical intervention and to receive information about his state of health. Although the importance of these patient's rights is widely recognized, its enforcement is one of the most debated issues in medical liability law. In the absence of a specific statutory sanction the patient has to rely on general tort law. Because tort law is not adapted to this situation, a heavy and often insurmountable burden of proof is placed on the victim. Firstly, the patient has to prove the withhold of information. Furthermore, he has to deliver the proof of the damage, which is usually easier to demonstrate. Lastly, most difficulties concern the proof of causality. Patients often experience great difficulties in proving they would not have consented to the treatment if the obligation to inform was correctly fulfilled. This research aims to ensure the enforcement of these fundamental patients' rights, by developing a balanced and legally secure liability regime.