If you suffer an injury as a result of an obvious risk and you were not warned you will not be able to make a medical negligence claim as you will be precluded under section 5H.
While it is well established in case law that a practitioner has a duty to warn, duty to warn cases are very difficult to win as the risks that the practitioner has a duty to warn about depend solely on the individual circumstances of the particular case. There is no set list of risks that practitioners must warn patients of. Therefore, each case must be assessed on an individual basis. For example, the duty to warn in emergencies is very different to the duty to warn of risks associated with elective treatment.