Questione giuridica chiave
Whether the cantonal court arbitrarily found that the patient had been sufficiently informed and had consented to surgery
Decisione estratta
Yes. The medical information was too general for such a risky brain operation, and the patient was not given a proper reflection period.
Motivazione estratta
For high-risk surgery, the duty to inform is heightened. The court should not have relied mainly on the surgeon's account, especially where no detailed risk disclosure and no meaningful time for reflection were shown.