California, United States of America
The following excerpt is from Mathews v. Benjamin, 2d Civil No. B264580 (Cal. App. 2016):
"'With respect to . . . alternative treatments, under the doctrine of informed consent "there is no general duty of disclosure with respect to nonrecommended procedures . . . ."'" (Schiff v. Prados, supra, 92 Cal.App.4th at p. 701.) "'Instead, "the failure to recommend a procedure must be addressed under ordinary medical negligence standards."'" (Ibid.) "That is, a physician must disclose alternative treatments only to the extent it is required "for competent practice within the medical community."'" (Ibid.) "'The standard of care prevailing in the medical community must be established by expert testimony.'" (Ibid.)
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