Question

QUESTION 8 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, the court examines whether the defendant would have chosen the procedure based on how the procedures is explained to the patient. O the defendant must prove that a reasonable person would not have undergone the procedure if he or she had been properly informed. the court relies solely on the defendant's testimony. 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. QUESTION 9 When applying the objective standard of informed consent: one must take into account the characteristics of the plaintiff, including the plaintiff's idiosyncrasies, fears, age, medical condition, and religious beliefs. the standard to be applied is whether an unreasonable person in the patient's position would have consented to the procedure or treatment in question if adequately informed of all significant perils. O the plaintiff's testimony is the sole factor when determining the issue of informed consent the issue is whether a particular patient would have chosen a different course of treatment

Answer 1

ANSWER.

Q.8) Under the subjective test theory the patient must testify and prove that

        they would not have consented to the procedures had they been advised

        of the particular risk in question.

Q.9) When applying the objective standard of informed consent the issue is whether

        a particular patient would have chosen a different course of treatment.