Chapter 3.C.2. (or 2.B.2)  The Competing Disclosure Standards

Notes: Competing Disclosure Standards

Note 4. The Subjective Patient-Centered Disclosure Standard.

As indicated in the note, many (but not most) jurisdictions employ an objective material risk standard. For an interesting decision, see Marsingill v. O’Malley, 58 P.3d 495 (Alaska 2002), appeal after remand, 128 P.3d 151 (Alaska 2006) (disclosure standard applied to physician communications with patient over the phone regarding whether her symptoms warranted her visiting the emergency room).

Notes: The Other Elements of a Nondisclosure Claim

Note 1. Elements of a Cause of Action.

In DeGennaro v. Tandon, 89 Conn. App. 183 (2005) cert. denied, 274 Conn. 914 (2005), a dentist cut a patient’s tongue causing permanent damage after using equipment with which she was not familiar. The court held that the duty to inform encompasses provider specific information where that information would be found to be material to the patient.