Under New York law, what is the general duty of a physician regarding informing a patient of risks before a medical procedure?

• A. No duty to inform risks
• B. Duty to inform only major risks
• C. Duty to inform if the patient asks
• D. Duty to inform risks involved in medical procedure

Answer: (D)

The fundamental idea is informed consent: a physician must disclose the risks involved in a proposed medical procedure so the patient can make a knowledgeable decision. In New York, this duty exists broadly, not only for major risks and not only if the patient asks for information. The physician should explain risks a reasonable patient would consider material to the decision, as well as reasonable alternatives and potential outcomes. If important information is withheld and the patient would have chosen differently, the lack of disclosure can give rise to a negligence claim for lack of informed consent.