Cancer and the Law of Informed Consent

Abstract

The law of informed consent is in a state of flux. Originally a judicially-created doctrine, the doctrine varies from jurisdiction to jurisdiction in its theoretical basis for imposing liability (battery vs. negligence), the scope of the physician's duty to disclose (the “professional” vs. the. “prudent patient” standard), and, where negligence is the basis for the action, the requirement for finding proximate causation (subjective vs. objective basis). Many states have recently enacted statutes on informed consent which differ markedly in their provisions. Coexistent with this uncertainty about the precise form that the law should take, and perhaps underlying it, is a basic uncertainty about the purposes and rationale behind the informed consent doctrine, the feasibility of executing its dictates, and the effects of its application on the delivery of health care.