Legal Memorandum: Doctrine of Informed Consent Violated

Issue: Under the laws of Iowa, how do the courts determine whether the doctrine of informed consent has been violated?

           The doctrine of informed consent arises out of the principle that absent extenuating circumstances a patient has the right to exercise control over his or her body by making an informed decision concerning whether to submit to a particular medical procedure.  Pauscher v. Iowa Methodist Medical Ctr., 408 N.W.2d 355, 358 (Iowa 1987); Bray v. Hill, 517 N.W.2d 223, 225 (Iowa Ct. App. 1994).  Under the doctrine, a doctor recommending a particular medical procedure generally has, among other obligations, a duty to disclose to the patient all material risks involved in the procedure.  Pauscher, 408 N.W.2d at 358; Bray, 517 N.W.2d at 225.  The physician’s duty to disclose is measured by the patient’s need to have access to all information material to making a truly informed and intelligent decision concerning the proposed medical procedure.  Doe v. Johnston, 476 N.W.2d 28, 31 (Iowa 1991); Bray, 517 N.W.2d at 225.

To establish negligence for failure to obtain informed consent, a plaintiff must prove that (1) the existence of a material risk unknown to the plaintiff, (2) the physician’s failure to disclose that risk, (3) that the disclosure of the risk would have led a reasonable patient in the plaintiff’s position to reject the medical procedure or choose a different course of treatment, and (4) injury.  Kennis v. Mercy Hosp. Medical Ctr., 491 N.W.2d 161, 166 (Iowa 1992); Bray, 517 N.W.2d at 225.  The question of whether a risk is material is an objective one based on […]