The Evolution of the Law of Informed Consent

This is the second article in our 8 part series on medical malpractice litigation. Informed consent cases are highly fact-driven and are to be assessed on the basis of what a reasonable person would want to know, informed by any relevant unique circumstances, potential consequences of those risks, and what a reasonable person would have done had they been properly informed. In this article Susanne Raab reviews case law and discusses how different courts’ decisions have led to the evolution of the law of informed consent.