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

Question 18

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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