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What to disclose? Revisiting informed consent
B Sonny Bal1, Theodore J Choma
1Department of Orthopaedic Surgery, University of Missouri, Columbia, 1100 Virginia Avenue, DC953.00, Columbia, MO 65212, USA. balb@health.missouri.edu
Informed consent law is evolving, with courts cautiously expanding disclosure requirements. Physicians must consider if physician-specific details are material to patient decisions, even if not traditionally required.
Area of Science:
- Medical Law
- Bioethics
- Patient Rights
Background:
- Informed consent is a cornerstone of medical ethics and patient autonomy.
- Patients increasingly seek comprehensive information beyond standard risks, benefits, and alternatives.
Purpose of the Study:
- To determine if modern informed consent doctrine includes physician-specific variables.
- Investigated disclosure of physician experience, health, training, financial interests, and outcomes data.
Main Methods:
- Searched legal databases for court opinions and reviews on informed consent scope.
- Analyzed legal precedents to summarize the current state of informed consent law.
Main Results:
- Courts have generally been reluctant to mandate disclosure of physician-specific variables.
- Disclosure is sometimes required when these variables directly impact patient care and are deemed relevant.
Conclusions:
- Informed consent law has subtly expanded, requiring disclosure of material physician information.
- Physicians should assess the materiality of information to a reasonable patient's decision-making process.
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