- older view, local standard
- modern trend, same or similar community... gravitating towards the national standard.
to prevail. establish that there is a standard, and show it was deviated from.
- no expert testiminy needed if glaring discrepency that a layperson can see.
- if conflicting opinions occurr, then doctor can follow either path, even if well respected minority opinion.
informed consent- benefits and risks of treatments, and likely results.need to inform about noninvasive procedures and all viable alternatives., no obligation for the hospital or nurses.
standard of disclosure- split/ doctor recognise will be material to the decision. some argue level of disclosure of the industry.
- three exceptions: emergencies- prompt treatment required, and consent unable
- tharaputic privledge- distraught or unstable physician reasonbly concludes full disclosure will be detrimenal. however: if an adult might decline lifesaving treatment can not be gived ( such as a DNR)
- lack of experience; no need to disclose has not performed before.
causation: informed consent OBJECTIVE view PATIENT SHOW they would not have had treatment, as well as the reasonable person would not either.minoruty ( subjective)
revokable ( consent) as long as there is a viable alternative.there is a needed required consent discussion.