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REALITY OF REFUSAL OF DIAGNOSTIC TESTS; PHYSICIAN’S DUTY OF DISCLOSURE

It is the duty of a physician to disclose to his patient all material information to enable the patient to make an informed decision regarding the taking or refusal to take a diagnostic test.

Material information is information which the physician knows or should know would be regarded as significant by a reasonable person in the patient’s position when deciding to accept or reject the diagnostic test or procedure. To be material a fact must also be one which is not commonly appreciated.

Failure of the physician to disclose to his patient all material information, including the risk to the patient if the test is refused, renders the physician liable for any injury [proximately resulting from] [the legal cause of which was] the patient’s refusal to take the test, if a reasonably prudent person in the patient’s position would not have refused the test had he been given all material information.

NEV J.I. 6.11

BAJI 6.11.5

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

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