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Table 1 Legal developments in informed consent in the twentieth century

From: Utilizing the “teach-back” method to improve surgical informed consent and shared decision-making: a review

Date

Case

Significance

References

1905

Mohr v. Williams

When entering into a contract, the physician can operate to the extent of the consent given, but no further.

[31]

1906

Pratt v. Davis

Limited implied consent to emergencies or when the patient knows the consequences of allowing the physician to exercise professional judgment

[32]

1913

Rolater v. Strain

Strengthened the patient’s control over their care

[33]

1914

Schloendorff v. Society of NY Hospital

Competent individuals have a right to decide what will be done to their bodies.

Performing surgery without a patient’s consent is assault, and the surgeon may be held liable

[34]

1957

Salgo v. Stanford

Physicians must disclose facts necessary to make an intelligent consent for the proposed treatment

[35]

1960

Natanson v. Kline

If injury results from a known risk that is not disclosed to the patient, the physician may be liable

[36]

1972

Cobbs v. Grant and Wilkinson v. Vesey

Whether a patient should proceed with therapy requires reference to the values of that patient and thus are not exclusively medical determinations

[37, 38]

1973

Legislation

Patient’s Bill of Rights published

 

1975-1977

Legislation

25 states enacted informed consent laws to decrease malpractice suits.

 

1980

Truman v. Thomas

Physicians must apprise the patient of the risks of not undergoing treatment

[39]