WHAT IS THE DOCTRINE OF INFORMED CONSENT?
The doctrine of informed consent imposes on your doctor a “duty to disclose” certain information to you before any surgery or potentially dangerous test is performed. While the standard varies from state to state, in Pennsylvania the standard is whether “the physician disclosed all the facts, alternatives, and risks that a reasonable person in the situation, which the physician knew or should have known to be the patient’s, would declare significant in making a decision to undergo the recommended treatment.” So if you are mentally and physically able to discuss your condition, in the absence of an emergency, your informed consent is required before any surgery or test can be completed by the physician. If your doctor performs surgery, etc., without your informed consent, he or she has committed an “assault and battery” upon you and is liable for any resulting injuries, regardless of whether the treatment was performed negligently. Whether you would not have gone through with the operat
