The Doctrine of Informed Consent holds a physician liable for failing to adequately disclose the potential dangers of treatment from it's patient. The doctrine is intended not only to assure that the patient has objective information before deciding on treatment, but also to insulate the physician from liability for battery. However, the courts cannot agree on the application or standards of the informed consent doctrine. Therefore, this Comment discusses the three areas of disagreement: whether the theory of recovery is based on battery or negligence, whether the standard of care required is examined from an expert's opinion, and whether causation requires an objective or subjective standard.
Daniel F. Bamberg,
Informed Consent after Cobbs-Has the Patient Been Forgotten,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol10/iss4/11