Condition 3 means that a patient cannot assume the risks of a negligently recommended treatment, an important issue with marginal treatments and vanity surgery. A patient who suffers a complication from an improper treatment may always sue the physician who recommended the treatment. A detailed consent form, listing all the risks of a treatment, is no protection if the treatment is unnecessary. If a patient can prove that a treatment was unnecessary or contraindicated, then the consent to risks of the treatment becomes ineffective.
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