Natanson v. Kline

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that doctor’s required disclosure was “limited to those disclosures which a reasonable medical practitioner would make under the same or similar circumstances,” known as the “professional standard”
• noting that the law does not permit a doctor to substitute his or her own judgment for that of a patient
• observing that “the relation between the physician and patient is a fiduciary one, and therefore the physician has an obligation to make a full and frank disclosure to the patient of all pertinent facts relating to his [or her] illness”
• duty of physician to disclose is limited to disclosures a reasonable medical practitioner would make under the same or similar circumstances
• “Anglo-American law starts with the premise of thoroughgoing self determination.”
• a physician violates his or her duty to a patient and subjects himself or herself to liability if tire physician withholds any facts which are reasonably necessary to form the basis of an intelligent consent by the patient to the proposed treatment

Source: CourtListener parenthetical corpus (CC0).