Overview of American Law on Informed Consent: Physician’s Duty to Disclose

Abstract

Averbach [1] discusses the philosophy behind the American doctine of informed consent:Since each person is the master of his own body, he may prohibit the performance of any procedure or treatment despite the fact that the physician, in the exercise of sound medical judgment, may believe that it is necessary for restoration to health or preservation of life. The law does not permit the physician to substitute his judgment for that of his patient. Thus, a physician must acquaint his patient with the procedure or treatment which he proposes for the condition which he has diagnosed and having obtained the approval of the patient, he must then proceed in accordance with accepted standards and with due care. He must make known to his patient the common risks and dangers of that which he proposes so that the patient will be in a position to make an intelligent decision as to whether he will submit to the procedure or treatment (pp. 138–139).