Magazine article from our research archive:

The doctrine of informed consent: To inform or not to inform?

PAULA WALTER

Two decades have passed since the New York Legislature enacted the Medical Malpractice Act (the "Act").1 In a climate of controversy within the medical and legal communities,2 the Act provided a statutory basis for a lack of informed consent claim, established standards for d isclosure of information to patients by physicians, and set parameters within which medical providers must obtain informed consent. Over the years, much scholarly effort has been directed at determining when and why the transformation from the common law requirement of "consent" to "informed consent" occurred.3 Academic discussion has also focused on whether the cause of action for a failure to obtain ...

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