The Courts Generally Utilize a "Subjective" or "Objective" Test to Determine

question 11

Multiple Choice

The courts generally utilize a "subjective" or "objective" test to determine whether a patient would have refused treatment if the physician had provided adequate information as to the risks, benefits, and alternatives of the procedure. Under the subjective test theory, ___________.

• A) the court examines whether the defendant would have chosen the procedure based on how he explains the procedure to the patient
• B) the defendant must prove that a "reasonable person" would not have undergone the procedure if he or she had been properly informed
• C) the court relies solely on the defendant's testimony
• D) the patient must testify and prove that they would not have consented to the procedure(s) had they been advised of the particular risk in question

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