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When Lack of Informed Consent Is Not the Issue

By Janice G. Inman

People about to undergo an operation or other medical procedure are, as a matter of routine, offered information about the upcoming procedure. The mechanics of the procedure, the progression of recovery and the potential hazards are all explained, in conformance with the informed-consent doctrine, which requires that people be given the information that any patient in their situation would want to consider before deciding on whether to have an operation.

When a plaintiff alleges that informed consent was not obtained, the charge to the jury will likely be something like New Jersey', which informs jurors that a plaintiff has a cause of action for failure to obtain informed consent when the treatment rendered was associated with a known risk, the plaintiff was not told of the risk, the harm that was risked actually occurred, and a reasonable person in the patient's position would have rejected the treatment if informed of the risk. New Jersey's Model Jury Charge (Civil) 5.50C.

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