Which of the following is NOT an element of negligence?

Which of the following is NOT an element of negligence?

• A. Duty
• B. Breach of Duty
• C. Damages
• D. Informed Consent

Answer: (D)

Negligence hinges on four pieces: there is a duty to exercise reasonable care, that duty is breached, the breach causes damages, and those damages occur as a result of the breach (causation). Informed consent is not one of these core elements. It concerns a patient’s permission after being told risks and alternatives, which is a separate ethical and legal concept. If a lack of informed consent happens, it can show a breach of the duty to disclose or influence a negligence claim, but it isn’t itself an element you must prove to establish negligence. So the item that doesn’t fit as an element is the idea of informed consent.

Negligence hinges on four pieces: there is a duty to exercise reasonable care, that duty is breached, the breach causes damages, and those damages occur as a result of the breach (causation). Informed consent is not one of these core elements. It concerns a patient’s permission after being told risks and alternatives, which is a separate ethical and legal concept. If a lack of informed consent happens, it can show a breach of the duty to disclose or influence a negligence claim, but it isn’t itself an element you must prove to establish negligence. So the item that doesn’t fit as an element is the idea of informed consent.