The New Jersey Supreme Court has long been committed to the principle that a patient should be fully informed about the benefits and risks associated with medical treatment. Generally, a patient has a cause of action for the breach of the duty to obtain informed consent when:
- the treatment rendered was associated with a known risk, and
- plaintiff was not advised of the risk, and
- the risk occurred, and
- a reasonable person in the plaintiff’s position would have rejected the treatment.
See Model Jury Charge (Civil) 5.50C.
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