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The court began its discussion by stating that the doctrine ofinformed consent is not based on a theory of negligence but is infact a branch of assault and battery law because an uninformedconsent is tantamount to no consent.

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The plaintiff alleged that they were more positively than an informed consent, informed consent as a patient for research and a mistaken legal duty todisclose collateral risk.

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Specifically, if aplaintiff cannot prove that he suffered any injury as a result of a particular medical procedure, can he still potentially prevail if he shows that the doctor failed to obtain his informed consent to that procedure?

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Thus, it is unlikely in a teaching environment that a court would enforce the same obligation as in the case above.

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Conversely, where the physician does not know of a risk and should not have been aware of it in the exercise of ordinary care, he is under no obligation to make disclosure.

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