Doctrine Of Informed Consent In Cyprus

Medical negligence is a relatively new area in Cyprus and domestic case law is still developing. In the absence of local precedent, common law rulings (including those of the English courts) which were decided up to and including August 15 1960 are binding on Cyprus courts to the same extent as decisions of the Supreme Court of Cyprus.¹ Common law decisions after that date are not binding, but have great persuasive authority.

Recent District Court and Supreme Court case law has adopted the principle, as established in the English case Chester v Affshar,² that in modern law medical paternalism no longer rules and a patient has a prima facie right to be informed by a surgeon of a small but well established risk of serious injury as a result of surgery.