Informed consent: Dates back to the early part of this century, and centers on the principle of battery. Courts have clearly ruled that most states now have specific informed consent statutes, physicians have a common law duty to ensure that diagnostic, medical, and surgical procedures are authorized by the knowledgeable consent of the patient or his or her legal representative. A physician who fails to obtain his or her patient’s consent to treatment commits a battery.
Informed Consent Standards:
• This standard requires the physician to disclose to the patient everything that is customary in the profession to disclose under the same or similar circumstances.
• In court, plaintiffs in these states must produce an expert witness to testify that the defendant’s actions fell below the standard of customary disclosure.
Required Elements: There are five basic elements that must be disclosed to patients in language that a lay individual reasonably can be expected to understand:
• The diagnosis, including the disclosure of any reservations the provider has concerning the diagnosis
• The nature and purpose of the proposed procedure or treatment
• The risks and consequences of the proposed procedure or treatment. This includes only those risks and consequences of which the physician has, or reasonably should have, knowledge. It is not necessary to disclose every potential minor risk or side effect.
• Reasonable treatment alternatives. This includes other treatment modalities that are considered to be appropriate for the situation, even though they may not be the personal preference of the disclosing physician.
• Prognosis without treatment. The patient must be informed of the potential consequences, if he or she elects not to have the recommended procedure.
Therapeutic Privilege: A physician may be justified in withholding information if it can be shown to be in